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CITY OF SPOKANE v. FEDERAL NAT. MORTG. ASS'N

No. 13-35655.

775 F.3d 1113 (2014)

CITY OF SPOKANE, on behalf of itself and all others similarly situated, Plaintiff-Appellant, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, aka Fannie Mae, a federally chartered corporation; Federal Home Loan Mortgage Corporation, aka Freddie Mac, a federally chartered corporation; Federal Housing Finance Agency, as conservator for Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, Defendants-Appellees, United States of America, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2014.

Attorney(s) appearing for the Case

Kevin J. Curtis , Winston & Cashatt, Lawyers, Spokane, Washington; Charles T. Conrad, Jr. (argued), Dewsnup, King & Olsen, Salt Lake City, UT, for Plaintiff-Appellant.

Howard N. Cayne , Asim Varma , Michael A.F. Johnson (argued), Dirk C. Phillips , Arnold & Porter LLP, Washington, D.C., for Defendant-Appellee Federal Housing Finance Agency.

Michael J. Ciatti , Merritt E. McAlister , King & Spalding LLP, Washington, D.C., for Defendant-Appellee Federal Home Loan Mortgage Corporation.

Michael D. Leffel , Foley & Lardner LLP, Madison, WI; Jill L. Nicholson , Foley & Lardner LLP, Chicago, IL, for Defendant-Appellee Federal National Mortgage Association.

Kathryn Keneally , Assistant Attorney General; Tamara W. Ashford , Principal Deputy Assistant Attorney General; Gilbert S. Rothenberg , Jonathan S. Cohen , Patrick J. Urda (argued), Attorneys, Tax Division, Department of Justice, Washington, D.C.; Michael C. Ormsby , United States Attorney, Of Counsel, for Appellee-Intervenor United States of America.

Before: RICHARD A. PAEZ, JAY S. BYBEE, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

Congress created Fannie Mae (the Federal National Mortgage Association) and Freddie Mac (the Federal Home Loan Mortgage Corporation) to foster the secondary market for home mortgages. Fannie's and Freddie's statutory charters exempt them from all state and local taxation, except for taxes on the entities'...

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