UNITED PET SUPPLY v. CITY OF CHATTANOOGA, TENN.

No. 13-5181.

768 F.3d 464 (2014)

UNITED PET SUPPLY, INC., Plaintiff-Appellee, v. CITY OF CHATTANOOGA, TENNESSEE, Defendant, Animal Care Trust, acting under the assumed name of McKamey Animal Care or McKamey Animal Care and Adoption Center; Paula Hurn, Karen Walsh, and Marvin Nicholson, Jr., in their individual and official capacities, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 18, 2014.


Attorney(s) appearing for the Case

ARGUED: Edmund S. Sauer , Bradley Arant Boult Cummings, LLP, Nashville, Tennessee, for Appellants. M. Andrew Pippenger , Leitner, Williams, Dooley & Napolitan, PLLC, Chattanooga, Tennessee, for Appellee. ON BRIEF: Edmund S. Sauer , Bradley Arant Boult Cummings, LLP, Nashville, Tennessee, David E. Harrison , Mark W. Litchford , Grant, Konvalinka & Harrison, PC, Chattanooga, Tennessee, Scott Burnett Smith , Bradley Arant Boult Cummings LLP, Hunstville, Alabama, for Appellants. M. Andrew Pippenger , James S. Hildebrand, Jr. , Leitner, Williams, Dooley & Napolitan, PLLC, Chattanooga, Tennessee, for Appellee.

Before: GUY, BATCHELDER, and MOORE, Circuit Judges.


OPINION

KAREN NELSON MOORE, Circuit Judge.

In June 2010, Animal Care Trust ("McKamey"), a private non-profit corporation that contracted with the City of Chattanooga to provide animal-welfare services, received complaints of neglect and unsanitary conditions at a mall pet store owned by United Pet Supply, Inc. ("Pet Supply"). McKamey employees Karen Walsh and Marvin Nicholson, Jr. went to the store to investigate and discovered animals in unpleasant conditions...

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