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MILLIGAN v. U.S.

No. 10-5615.

670 F.3d 686 (2012)

Paula Ann MILLIGAN; Harold Montgomery Milligan, Plaintiffs-Appellants, v. UNITED STATES of America; US Marshals Service; Metropolitan Government of Nashville and Davidson County, Tennessee; Daniel Thomas Shelton; Unknown U.S. Marshal # 3; Unknown U.S. Marshal #4, Individually and as Officers or Agents of the United States Marshals Service and/or Metropolitan Government of Nashville and Davidson County, Tennessee; John Does I-X, are presently unknown Agents, Employees, Servants of Defendants United States Marshal Service, Metro Government of Nashville and Davidson County, Tennessee and/or WZTV-Fox Network; Kevin Coback; C. Reese; W. Terry; Sinclair Television of Nashville, Inc., dba WZTV Fox News ("Fox") Network, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 5, 2012.

Attorney(s) appearing for the Case

ARGUED: Andy L. Allman , Kelly, Kelly & Allman, Hendersonville, Tennessee, for Appellants. Patricia A. Foster , Frost Brown Todd LLC, Cincinnati, Ohio, Michael L. Roden , Assistant United States Attorney, Nashville, Tennessee, for Appellees. ON BRIEF: Andy L. Allman , Kelly, Kelly & Allman, Hendersonville, Tennessee, Andrew C. Clarke , Memphis, Tennessee, for Appellants. Patricia A. Foster , Richard M. Goehler , Frost Brown Todd LLC, Cincinnati, Ohio, Michael L. Roden , Assistant United States Attorney, Nashville, Tennessee, for Appellees.

Before: MOORE and COLE, Circuit Judges; BECKWITH, District Judge.

OPINION

COLE, Circuit Judge.

Plaintiffs Paula and Harold Milligan appeal the orders of the district court granting the United States's motion to dismiss for lack of subject matter jurisdiction and Sinclair Broadcasting's motion for summary judgment. We AFFIRM the judgment of the district court.

I. BACKGROUND

In October 2006, law enforcement officials across twenty-four states conducted Operation Falcon III ("the Operation"), a week-long...

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