U.S. TOBACCO COOPERATIVE INC.; U.S. Flue-Cured Tobacco Growers, Inc.; Big South Distribution, LLC, Plaintiffs-Appellees, and
United States of America, Intervenor-Appellee,
v.
BIG SOUTH WHOLESALE OF VIRGINIA, LLC, d/b/a Big Sky International; Big South Wholesale, LLC; Jason Carpenter; Christopher Small, Defendants-Appellants, and
Universal Services First Consulting, a/k/a Universal Services Consulting Group; Emory Stephen Daniel; Albert M. Johnson, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: May 9, 2018.
Decided: August 3, 2018.
Attorney(s) appearing for the Case
ARGUED: Gary S. Parsons , Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Raleigh, North Carolina, for Appellants. Patrick George Nemeroff , United States Department of Justice, Washington, D.C., for Appellee United States. Richard P. Bress , Latham & Watkins LLP, Washington, D.C., for Appellees U.S. Tobacco Cooperative Inc., U.S. Flue-Cured Tobacco Growers, Inc., and Big South Distribution, LLC. ON BRIEF: Julia C. Ambrose , W. Michael Dowling , Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Raleigh, North Carolina; Alan D. Mathis , Butler Snow, LLP, Birmingham, Alabama, for Appellants. A. Tevis Marshall , Richmond, Virginia, Kimberly J. Lehman , Ogletree Deakins Nash Smoak & Stewart, PC, Raleigh, North Carolina; Kathryn H. Ruemmler , Elana Nightingale Dawson , Genevieve P. Hoffman , Latham & Watkins LLP, Washington, D.C., for Appellees U.S. Tobacco Cooperative Inc., U.S. Flue-Cured Tobacco Growers, Inc., and Big South Distribution, LLC. Chad A. Readler , Acting Assistant Attorney General, Jessie K. Liu , United States Attorney, Mark B. Stern , Patrick G. Nemeroff , Civil Division, United States Department of Justice, Washington, D.C., for Appellee United States.
Before TRAXLER, AGEE, and WYNN, Circuit Judges.
TRAXLER, Circuit Judge:
Defendants Jason Carpenter, Christopher Small, Big South Wholesale, LLC, and Big South Wholesale of Virginia, LLC, d/b/a Big Sky International, appeal the district judge's order granting a motion to reconsider a predecessor district judge's order which had granted Defendants' petition to substitute the United States as a...
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