Green Party of Tennessee, et al v. Tre Hargett, et al

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OPINION and JUDGMENT filed : The district court s grant of summary judgment to the plaintiffs is REVERSED, and the case is REMANDED to the district court for further proceedings. IT IS FURTHER ORDERED that the district court s award of attorney s fees to the plaintiffs is VACATED, and this issue is REMANDED to the district court for reassessment and recalculation consistent with this opinion. Decision for publication. R. Guy Cole, Jr., Chief Judge (AUTHORING); Deborah L. Cook and Helene N. White, Circuit Judges. [13-5975, 13-6280]

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Case: 13-5975 Document: 38-3 Filed: 08/22/2014 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 13-5975/6280 GREEN PARTY OF TENNESSEE; CONSTITUTION PARTY OF TENNESSEE, Plaintiffs - Appellees, FILED Aug 22, 2014 DEBORAH S. HUNT, Clerk v. TRE HARGETT, in his official capacity as Tennessee Secretary of State; MARK GOINS, in his official capacity as Coordinator of Elections for the State of Tennessee, Defendants - Appellants. Before: COLE, Chief Judge; COOK and WHITE, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Middle District of Tennessee at Nashville. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, and for the reasons more fully set forth in the court’s opinion of even date, it is ORDERED that the district court’s grant of summary judgment to the plaintiffs is REVERSED, and the case is REMANDED to the district court for further proceedings. IT IS FURTHER ORDERED that the district court’s award of attorney’s fees to the plaintiffs is VACATED, and this issue is REMANDED to the district court for reassessment and recalculation consistent with this opinion. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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