U.S. v. KEMP & ASSOCIATES, INC.

No. 17-4148.

907 F.3d 1264 (2018)

UNITED STATES of America, Plaintiff-Appellant. v. KEMP & ASSOCIATES, INC.; Daniel J. Mannix, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED October 31, 2018.


Attorney(s) appearing for the Case

Andrew C. Finch , Principal Deputy Assistant Attorney General, Antitrust Division ( Makan Delrahim , Assistant Attorney General, Marvin N. Price Jr. , Acting Deputy Assistant Attorney General, Kalina M. Tulley , Robert M. Jacobs , Ruben Martinez, Jr. , Molly A. Kelley , Kristen C. Limarzi , James J. Fredricks , Adam D. Chandler , Jonathan H. Lasken , Attorneys, with him on the briefs), Department of Justice, Washington, DC, appearing for appellant.

James A. Mitchell ( Mark R. Gaylord , Jason D. Boren , Ballard Spahr LLP, Salt Lake City, Utah, and Michael J. Grudberg , Tarter Krinsky & Drogin LLP, New York, New York, with him on the briefs), Ballard Spahr LLP, New York, New York appearing for appellee Kemp & Associates, Inc.

Richard F. Albert ( Devin M. Cain with him on the briefs), Morvillo Abramowitz Grand Iason & Anello, P.C., New York, New York appearing for appellee Daniel J. Mannix.

Before PHILLIPS, EBEL, and MORITZ, Circuit Judges.


It is axiomatic that federal courts are courts of limited jurisdiction. See, e.g., Dutcher v. Matheson, 733 F.3d 980, 984 (10th Cir. 2013). Bounded first by the strictures of Article III and further by the limits of statutory jurisdiction given to...

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