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CITY OF HOUSTON v. AMERICAN TRAFFIC SOLUTIONS

No. 11-20068.

668 F.3d 291 (2012)

CITY OF HOUSTON, Plaintiff-Appellee, v. AMERICAN TRAFFIC SOLUTIONS, INC., Defendant-Appellee, v. Randall Kubosh; Francis Kubosh, Amici Curiae-Appellants.

United States Court of Appeals, Fifth Circuit.

January 24, 2012.

Attorney(s) appearing for the Case

David M. Feldman, Bertrand Lloyd Pourteau, II (argued), Judith Lee Ramsey, Sr. Atty., Houston, TX, for Plaintiff-Appellee.

Andy Taylor (argued), Andy Taylor & Associates, P.C., Brenham, TX, Roger Gordon, Thomas Royal Phillips, Baker Botts, L.L.P., Austin, TX, Christopher Paul Hanslik, BoyarMiller, Kathleen E. Weir, Baker Botts, L.L.P., Houston, TX, for Defendant-Appellee.

David Allen Furlow (argued), Matthew R. Reed, Thompson & Knight, L.L.P., Houston, TX, Levi James Benton, Benton Massey, P.L.L.C., Houston, TX, for Amici Curiae-Appellant.

Before JONES, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

EDITH H. JONES, Chief Judge:

This is an interlocutory appeal from the denial of a motion to intervene as of right, FED.R.CIV.P. 24(a)(2), brought by citizens of Houston, Texas in regard to litigation between the City and the contractor hired to run a red light camera system that generated millions of dollars annually to the City and the contractor. Because the district court erred in denying intervention, we reverse that order, and the associated denial of a new trial...

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