USA v. State of Tennessee, et al

Filing

OPINION and JUDGMENT filed : it is ORDERED that the district court s September 10, 2012 order with respect to People First s 19th application for an award of fees is REVERSED, and the case REMANDED with instructions to deny that application. IT IS FURTHER ORDERED that People First s cross-appeal (No. 12-6341) is DISMISSED AS MOOT. Decision for publication. John M. Rogers and Raymond M. Kethledge (AUTHORING), Circuit Judges; Paul Lewis Maloney, Chief District Judge for the Western District of Michigan, sitting by designation. [12-6258, 12-6341]

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Case: 12-6258 Document: 54-3 Filed: 02/10/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 12-6258/6341 UNITED STATES OF AMERICA, Plaintiff, FILED Feb 10, 2015 PEOPLE FIRST OF TENNESSEE, et al., Intervenors - Appellees/Cross - Appellants, DEBORAH S. HUNT, Clerk v. STATE OF TENNESSEE; BILL HASLAM, in his official capacity as Governor of the State of Tennessee; JAMES M. HENRY, in his official capacity as Commissioner of the Department of Intellectual and Developmental Disabilities; MARK EMKES, in his official capacity as Commissioner of the Tennessee Department of Finance and Administration, Defendants - Appellants/Cross - Appellees. Before: ROGERS and KETHLEDGE, Circuit Judges; MALONEY, District Judge. JUDGMENT On Appeal from the United States District Court for the Western District of Tennessee at Memphis. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s September 10, 2012 order with respect to People First’s 19th application for an award of fees is REVERSED, and the case REMANDED with instructions to deny that application. IT IS FURTHER ORDERED that People First’s cross-appeal (No. 12-6341) is DISMISSED AS MOOT. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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