Ryo Machine Rental, LLC, et al v. U.S. Department of Treasury, A, et al

Filing

OPINION and JUDGMENT filed: The preliminary injunction is VACATED and the case is REMANDED to the district court with instructions to dismiss for lack of jurisdiction. Decision for publication pursuant to local rule 206. Alice M. Batchelder, Chief Circuit Judge; David W. McKeague (AUTHORING), Circuit Judge and Gordon J. Quist, Senior U.S. District Judge for the Western District of Michigan, sitting by designation. (THIS OPINION WAS ORIGINALLY ISSUED AS AN "UNPUBLISHED DECISION" FILED ON AUGUST 20, 2012. ON SEPTEMBER 19, 2012 THE COURT DESIGNATED THE OPINION FOR FULL-TEXT PUBLICATION.)

Case: 11-3163

Document: 006111438408

Filed: 09/19/2012

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Deborah S. Hunt
Clerk

100 EAST FIFTH STREET, ROOM 540
POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Filed: September 19, 2012
Lisa L. Bellamy
U.S. Department of Justice Tax Division
P.O. Box 55
Wshington, DC 20044-0055
Mr. Robert B. Casarona
Roetzel & Andress
1375 E. Ninth Street
Ninth Floor, One Cleveland Center
Cleveland, OH 44114
Mr. Bryan Michael Haynes
Mr. William H. Hurd
Mr. Anthony F. Troy
Troutman Sanders
1001 Haxall Point
Richmond, VA 23218
Ms. Teresa E. McLaughlin
Mr. Gilbert Steven Rothenberg
Mr. Patrick J. Urda
U.S. Department of Justice
Tax Division, Appellate Section
P.O. Box 502
Washington, DC 20044
Mr. Mark Earl Nagle
Troutman Sanders
401 Ninth Street, N.W., Suite 1000
Washington, DC 20004
Mr. John J. Schriner
Roetzel & Andress
1375 E. Ninth Street
Ninth Floor, One Cleveland Center
Cleveland, OH 44114

Tel. [phone]
www.ca6.uscourts.gov

Case: 11-3163

Re:

Document: 006111438408

Filed: 09/19/2012

Page: 2

Case No. 11-3163, Ryo Machine, LLC, et al v. U.S. Department of Treasury, et al.
Originating Case No. : 4:10-cv-2462

Dear Counsel,
The court today announced its decision in the above-styled case. This decision was originally
issued as an “unpublished decision” filed on August 20, 2012. The court has now designated the
opinion as one recommended for full-text publication. The date the opinion is deemed to have
been filed will remain August 20, 2012. Also enclosed is a judgment which has been entered in
conformity with Rule 36, Federal Rules of Appellate Procedure.
Yours very truly,
Deborah S. Hunt, Clerk

Cathryn Lovely
Deputy Clerk
cc: Ms. Geri M. Smith
Enclosures
Mandate to issue.