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BOARD OF COUNTY COM'R OF SWEETWATER v. GERINGER

No. 01-8071.

297 F.3d 1108 (2002)

BOARD OF COUNTY COMMISSIONERS OF SWEETWATER COUNTY, Wyoming and Board of Trustees of Memorial Hospital of Sweetwater County, Wyoming, Plaintiffs-Appellants, v. Jim GERINGER, Governor of Wyoming, in his official capacity; Cynthia M. Lummis, Wyoming State Treasurer, individually and in her official capacity; and Max Maxfield, Wyoming State Auditor, individually and in his official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 31, 2002.

Attorney(s) appearing for the Case

Ford T. Bussart of Bussart, West & Tyler, P.C., Rock Springs, WY, for Plaintiff-Appellant Board of Trustees of Memorial Hospital of Sweetwater County, Wyoming (Harold V. Moneyhun, Sweetwater County & Prosecuting Attorney, Green River, WY, for Plaintiff-Appellant Board of Commissioners of Sweetwater County, Wyoming, with him on the briefs).

Harry D. Ivey, Assistant Attorney General of Wyoming (Hoke MacMillan, Attorney General of Wyoming, Michael L. Hubbard, Deputy Attorney General of Wyoming, and Douglas J. Moench, Assistant Attorney General of Wyoming, on the brief), Cheyenne, WY, for Defendants-Appellees.

Before EBEL, McKAY, and BRISCOE, Circuit Judges.

EBEL, Circuit Judge.

The Appellants in this case, the Board of Commissioners of Sweetwater County, Wyoming, and the Board of Trustees of Memorial Hospital of Sweetwater County, Wyoming (collectively, "Sweetwater County"), appeal a decision by the United States District Court for the District of Wyoming dismissing their suit against Wyoming's governor, treasurer, and auditor (collectively, "Wyoming"). Before the district court, Sweetwater County sought a preliminary...

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