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TOWN OF JOHNSTON v. FEDERAL HOUSING FINANCE AGENCY

Nos. 13-2034, 13-2116.

765 F.3d 80 (2014)

TOWN OF JOHNSTON, on behalf of itself and all others similarly situated, Plaintiff, Appellant, v. FEDERAL HOUSING FINANCE AGENCY, As Conservator for Federal Mortgage and Federal Home Loan Mortgage, et al., Defendants, Appellees. Commissioners of Bristol County, Plaintiffs, Appellants, v. Federal Home Loan Mortgage Corporation, a Federal Chartered Corporation, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 27, 2014.

Attorney(s) appearing for the Case

Warren T. Burns , with whom Terrell W. Oxford and Susman Godfrey, LLP were on brief, for appellant Town of Johnston.

John Roddy , Elizabeth Ryan , Baily & Glasser LLP, Steven P. Sabra and Sabra and Aspden, P.A. on brief for appellants Commissioners of Bristol County.

Michael A.F. Johnson , with whom Howard N. Cayne , Asim Varma , Dirk C. Phillips , Arnold & Porter LLP, Michael J. Ciatti , Merritt E. McAlister , King & Spalding LLP, Michael D. Leffel , Jill L. Nicholson and Foley & Lardner LLP were on brief, for appellees.

Patrick J. Urda , Tax Division, Department of Justice, with whom Kathryn Keneally , Assistant Attorney General, Tamara W. Ashford , Principal Deputy Assistant Attorney General, Gilbert S. Rothenberg , Chief, Appellate Section and Jonathan S. Cohen , Attorney, Tax Division, Department of Justice, were on brief for intervenor United States.

Before HOWARD and KAYATTA, Circuit Judges, and McCAFFERTY, District Judge.

HOWARD, Circuit Judge.

The Town of Johnston, Rhode Island and the Commissioners of Bristol County, Massachusetts ("the municipalities") brought separate actions against the Federal National Mortgage Association ("Fannie Mae"), the Federal Home Loan Mortgage Corporation ("Freddie Mac"), and the Federal Housing Finance Agency ("FHFA") (collectively, "the entities"), alleging that the entities failed to pay taxes on the transfer...

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