WASHINGTON LEGAL FOUNDATION; William R. Summers; and Michael J. Mazzone, Plaintiffs-Appellants,
v.
TEXAS EQUAL ACCESS TO JUSTICE FOUNDATION; Richard Tate, Chairman, Texas Equal Access to Justice Foundation; Thomas R. Phillips, Chief Justice; Nathan L. Hecht, Justice; Craig Enoch, Justice; James A. Baker, Justice; Priscilla R. Owens, Justice; Greg Abbott, Justice; Deborah Hankinson, Justice; Harriet O'Neill, Justice; Supreme Court Defendants, Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
October 15, 2001.
October 15, 2001.
Attorney(s) appearing for the Case
Richard Abbott Samp, Daniel J. Popeo, Washington Legal Foundation, Washington, DC, Charles Fried (argued), Cambridge, MA, for Washington Legal Foundation and Summers.
Michael James Mazzone, Haynes & Boone, Houston, TX, pro se.
Darrell E. Jordan, David John Schenck, Beth W. Bivans, Hughes & Luce, Dallas, TX, Robert Allen Long, Jr. (argued), Covington & Burling, Washington, DC, Richard A. Johnston, Francine Rosenzaeig, Hale & Dorr, Boston, MA, for Texas Equal Access to Justice and Tate.
Rande Kay Herrell, Asst. Atty. Gen., Gregory Scott Coleman (argued), Austin, TX, for Defendants-Appellees.
Stephen Plafker, The Ass'n for Objective Law, Culver City, CA, for The Ass'n for Objective Law (TAFOL), Amicus Curiae.
Larry Parks, Long, Burner, Parks, McClellan, DeLargy, Austin, TX, for Independent Bankers Ass'n of Texas, Amicus Curiae.
Harry M. Reasoner, Scott J. Atlas, D. Gibson Walton, Penelope E. Nicholson, Vinson & Elkins, Houston, TX, for State Bar of Texas, Amicus Curiae.
Caroline Montrose Brown, Thomas W. Beimers, David B. Isbell, Covington & Burling, Washington, DC, for National Ass'n of IOLTA Programs, Amicus Curiae.
Richard Adams Cordray, Grove City, OH, for Columbus Bar Ass'n, Akron Bar Ass'n, Cincinnati Bar Ass'n, Cleveland Bar Ass'n, Dayton Bar Ass'n, Toledo Bar Ass'n, Cuyahoga County Bar Ass'n, Stark County Bar Ass'n, The Legal Aid Societies of Columbus, Cincinnati, Cleveland, Dayton, Toledo, Northeast Ohio and Stark County, Ohio, Equal Justice Foundation, Children's Defense Fund-Ohio, Coalition on Homelessness and Housing in Ohio, Ohio Hunger Task, Ohio Council of Churches, Catholic Conference of Ohio, Ohio Domestic Violence Network, Pro Seniors, Advocates for Basic Legal Equality, Western Reserve Legal Services, Legal Services of Northwest Ohio, Western Ohio Legal Services Ass'n and Ohio State Legal Services Ass'n, Amicus Curiae.
Collyn Ann Peddie, Weil, Gotshal & Manges, Houston, TX, for Conference of Chief Justices, Amicus Curiae.
Nory Miller, Marc Goldman, Matthew Hersh, Jenner & Block, Washington, DC, for American Bar Ass'n, Amicus Curiae.
Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
RHESA HAWKINS BARKSDALE, Circuit Judge:
The Supreme Court having held in this case that, for purposes of the Takings Clause of the Fifth Amendment, interest earned on client-funds deposited in demand accounts pursuant to the Texas Interest on Lawyers Trust Accounts (IOLTA) program is the "private property" of the client, Phillips v. Washington Legal Foundation,524 U.S. 156, 160, 172, 118 S.Ct. 1925, 141 L.Ed.2d 174 (1998), and...
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