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IN RE GENETICALLY MODIFIED RICE LITIGATION

Nos. 12-3958, 12-4045.

764 F.3d 864 (2014)

In re GENETICALLY MODIFIED RICE LITIGATION, The Phipps Group, Appellant, v. Don M. Downing and Adam J. Levitt, Plaintiffs' Co-Lead Counsel and on behalf of all Common Benefit Attorneys, Appellee. In re Genetically Modified Rice Litigation, Don M. Downing and Adam J. Levitt, Plaintiffs' Co-Lead Counsel and on behalf of all Common Benefit Attorneys, Appellant, v. The Phipps Group, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 22, 2014.

Attorney(s) appearing for the Case

Kimberly S. Keller , argued, Boerne, TX, for appellant/cross-appellee.

Gretchen Garrison , argued, Saint Louis, MO ( Don Manley Downing , Saint Louis, MO., Adam J. Levitt , Chicago, IL., Stacey Kelly Breen , New York, NY, on the brief), for appellee/cross-appellant.

Before LOKEN, COLLOTON, and BENTON, Circuit Judges.

COLLOTON, Circuit Judge.

The district court1 appointed Don Downing and Adam Levitt, among others, as leadership counsel to coordinate the pretrial activities of plaintiffs in a multidistrict litigation ("MDL"). The Phipps Group ("Phipps") represented some plaintiffs, but was not a member of the attorney leadership group. In 2010, the district court established a common benefit trust fund ("the...

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