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Hennepin County v. Federal National Mortgage Association

United States Court of Appeals, Eighth Circuit

February 5, 2014

Hennepin County, on behalf of itself and all others similarly situated, Plaintiff - Appellant
v.
Federal National Mortgage Association, a federally chartered corporation; Federal Home Loan Mortgage Corporation, a federally chartered corporation; Federal Housing Finance Agency, as Conservator for Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, Defendants - Appellees, United States of America, Amicus on Behalf of Appellee(s)

Submitted December 19, 2013.

Page 819

Appeal from United States District Court for the District of Minnesota - Minneapolis.

For Hennepin County, on behalf of itself and all others similarly situated, Plaintiff - Appellant: Michael Orville Freeman, I, Paul Robert Hannah, Jane Nora Bowman Holzer, Daniel Patrick Rogan, HENNEPIN COUNTY ATTORNEY'S OFFICE, Minneapolis, MN.

For Federal National Mortgage Association, a federally chartered corporation, Defendant - Appellee: Michael Leffel, FOLEY & LARDNER, Madison, WI; Jill L. Nicholson, FOLEY & LARDNER, Chicago, IL.

For Federal Home Loan Mortgage Corporation, a federally chartered corporation, Defendant - Appellee: Michael Joseph Ciatti, KING & SPALDING, Washington, DC.

For Federal Housing Finance Agency, as Conservator for Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, Defendant - Appellee: Howard N. Cayne, Michael A. Johnson, Dirk C. Phillips, Asim Varma, ARNOLD & PORTER, Washington, DC; Stephen E. Hart, FEDERAL HOUSING FINANCE AGENCY, Washington, DC.

For United States of America, Amicus on Behalf of Appellee(s): Jonathan S. Cohen, Gilbert Steven Rothenberg, Deputy Assistant Attorney General, Patrick J. Urda, U.S. DEPARTMENT OF JUSTICE, Tax Division, Appellate Section, Washington, DC.

Before MURPHY, BYE, and SMITH, Circuit Judges.

OPINION

Page 820

MURPHY, Circuit Judge.

Hennepin County brought this putative class action on behalf of similarly situated Minnesota counties seeking a declaratory judgment that the Federal National Mortgage Association (Fannie Mae), the Federal

Page 821

Home Loan Mortgage Company (Freddie Mac), and the Federal Housing Finance Agency (FHFA) (the federal agencies) violated state law by failing to pay a tax on transfers of deeds to real property. The County seeks recovery for unjust enrichment as well as injunctive relief. The district court[1] granted the federal agencies' ...


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