OKLAHOMA EX REL EDMONDSON v. POPE

No. 07-6093.

516 F.3d 1214 (2008)

State of OKLAHOMA ex rel., W.A. Drew EDMONDSON, Attorney General of Oklahoma, Plaintiff-Appellee, v. Tim POPE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 26, 2008.


Attorney(s) appearing for the Case

Stephen Jones (April M. Davis with him on the briefs), Jones, Otjen, Davis & Nixon, Enid, OK, for Defendant-Appellant.

Thomas A. Bates, Assistant Attorney General (W.A. Drew Edmondson, Attorney General, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellee.

Before KELLY, EBEL, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

Federal Rule of Civil Procedure 5.1 requires a party contesting the constitutionality of a federal statute to serve the Attorney General of the United States with notice of the action. 28 U.S.C. § 2403(a) requires the court ruling on such a challenge to do the same. Upon receiving notice, the Attorney General has a right to intervene as a party in the case and present evidence if he so desires. Id.

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