MONTGOMERY CO. COM'N v. FED. HOUSING FIN. AGENCY

Nos. 13-12615, 13-13267, 13-12637, 13-13897, 13-13150, 13-14094.

776 F.3d 1247 (2015)

MONTGOMERY COUNTY COMMISSION, on behalf of themselves, and all others similarly situated, Steven L. Reed, Judge of Probate for Montgomery County, Plaintiffs-Appellants, Reese McKinney, Jr., Judge of Probate for Montgomery County, Alabama, on behalf of themselves and all others similarly situated, Plaintiff, v. FEDERAL HOUSING FINANCE AGENCY, as conservator for Federal National Mortgage Association, and Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, a federally chartered corporation, Federal Home Loan Mortgage Corporation, a federally chartered corporation, Defendants-Appellees. Chairman Maurice Raines, Upson County Board of County Commissioners, and on behalf of all others similarly situated, Plaintiff, Athens-Clarke County Unified Government, Athens-Clarke County Unified Government, by and through Nancy Denson, Chair of the Commission and Mayor, Athens-Clarke County Unified Government, Georgia, Clayton County, Clayton County, by and through Eldrin Bell, Chairman, Board of Commissioners, Clayton County, Georgia, Sumter County, Sumter County, by and through Randy Howard, Chairman, Board of Commissioners, Sumter County, Georgia, Augusta, Georgia, Augusta, Georgia, by and through Deke Copenhaver, Chair of the Commission and Mayor, Augusta, Georgia, Butts County, Butts County, by and through Roger McDaniel, Chairman, Board of Commissioners, Butts County, Georgia, Upson County, Upson County, by and through Maurice Raines, Chairman, Board of Commissioners, Upson County, Georgia, Plaintiffs-Appellants, v. Federal Housing Finance Agency, as Conservator for Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, A Federally Chartered Private Corporation, Federal Home Loan Mortgage Corporation, A Federally Chartered Corporation, Defendants-Appellees. Charlie Green, etc., Plaintiff, Linda Doggett, as Clerk of the Court for Lee County, Florida, and on behalf of all others similarly situated, Plaintiff-Appellant, v. Federal Housing Finance Agency, as Conservator for Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, a federally chartered corporation, a.k.a. Fannie Mae, Federal Home Loan Mortgage Corporation, a federally chartered corporation, a.k.a. Freddie Mac, Defendants-Appellees. Daniel W. Massey, as Clerk of the Superior Court of Chatham County, Georgia, individually, and on behalf of all others similarly situated, Plaintiff-Appellant, Gabrielle Summe, as Clerk of the Kenton, County, Kentucky, Interested Party-Appellant, v. Federal Housing Finance Agency, Intervenor-Appellee, Federal National Mortgage Association, a.k.a. Fannie Mae, Federal Home Loan Mortgage Corporation, Defendants-Appellees. Randolph County, a duly organized county of the State of Alabama, on behalf of itself and all others counties in the state of Alabama similarly situated, Plaintiff-Appellant, v. Federal National Mortgage Association, a federally chartered private corporation, Federal Home Loan Mortgage Corporation, a federally chartered private corporation, Federal Housing Finance Agency, as conservator for Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, Defendants-Appellees. Floyd County, Georgia, a Political Subdivision of the State of Georgia, Plaintiff-Appellant, v. FEDERAL HOUSING FINANCE AGENCY, a Conservator for Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, a Federally Chartered Corporation, Federal Home Loan Mortgage Corporation, a Federally Chartered Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 16, 2015.


Attorney(s) appearing for the Case

Warren Tavares Burns , Katherine Leigh Ireland Hacker , Terrell W. Oxford , Susman Godfrey, LLP, Dallas, TX, Charles D. Gabriel , Samuel Parker Pierce, JR. , Pierce-Gabriel Partners, LLC, Roswell, GA, Henry H. Hutchinson , James Northcutt Walter, JR. , Capell & Howard, PC, Montgomery, AL, Carol Hambrick Lahman , Larry D. Lahman , Mitchell & Declerck, PLLC, Enid, OK, Elaine A. Ryan , Patricia Nicole Syverson , Bonnett Faitbourn Friedman & Balint, Phoenix, AZ, Howard J. Sedran , Levin Fishbein Sedran & Berman, Philadelphia, PA, Joseph J. Siprut , Siprut, PC, Chicago, IL, Stewart M. Weltman , Stewart M. Weltman LLC, Chicago, IL, for Plaintiff-Appellant.

Howard N. Cayne , Michael Alexander Johnson , Asim Varma, Arnold & Porter, LLP, Washington, DC, Wesley B. Gilchrist , Harlan Irby Prater , IV, Lightfoot Franklin & White, LLC, Birmingham, AL, Stephen E. Hart , Federal Housing Finance Agency, Washington, DC, for Defendant-Appellee.

Before MARTIN and ANDERSON, Circuit Judges and MORENO, District Judge.


This consolidated appeal arises from six district court actions in this circuit. In each of the six cases, the district court ruled in favor of the Appellees, the Federal National Mortgage Association ("Fannie Mae"), the Federal Home Loan Mortgage Corporation ("Freddie Mac"), and the Federal Housing Finance Agency (collectively...

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