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BOARD OF COM'RS v. FEDERAL HOUSING FINANCE AGENCY

No. 13-4429.

758 F.3d 706 (2014)

BOARD OF COMMISSIONERS OF MONTGOMERY COUNTY, OHIO, and Board of Commissioners of Seneca County, Ohio, Plaintiffs-Appellants, v. FEDERAL HOUSING FINANCE AGENCY, Federal National Mortgage Association, and Federal Home Loan Mortgage Corporation, Defendants-Appellees, United States Of AMERICA, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 10, 2014.

Attorney(s) appearing for the Case

ARGUED: Nathaniel C. Giddings, Hausfeld LLP, Washington, D.C., for Appellants. Michael A.F. Johnson, Arnold & Porter LLP, Washington, D.C., for Appellees. Patrick J. Urda, United States Department of Justice, Washington, D.C., for Intervenor. ON BRIEF: Nathaniel C. Giddings, James J. Pizzirusso, Hausfeld LLP, Washington, D.C., Don Springmeyer, Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, Las Vegas, Nevada, Mark H. Troutman, Mark Landes, Isaac, Brant, Ledman & Teetor LLP, Columbus, Ohio, for Appellants. Michael A.F. Johnson, Howard N. Cayne, Asim Varma, Dirk C. Phillips, Arnold & Porter LLP, Washington, D.C., Michael J. Ciatti, Merritt E. McAlister, King & Spalding LLP, Washington, D.C., Michael D. Leffel, Foley & Lardner LLP, Madison, Wisconsin, Jill L. Nicholson, Foley & Lardner LLP, Chicago, Illinois, for Appellees. Patrick J. Urda, Jonathan S. Cohen, United States Department of Justice, Washington, D.C., for Intervenor.

Before: SUHRHEINRICH, MOORE, and WHITE, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Two Ohio counties brought this suit on behalf of a class of all Ohio counties against the Federal National Mortgage Association ("Fannie Mae") and the Federal Home Loan Mortgage Corporation ("Freddie Mac"), as well as the Federal Housing Finance Agency ("FHFA"), as conservator for both Fannie Mae and Freddie Mac. In their suit against Fannie Mae and Freddie Mac (collectively, the "Enterprises") and FHFA, the Ohio...

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