United States Sixth Circuit

In an appeal from rulings for plaintiffs, an elected Tennessee senator and voters, in a suit against Tennessee senators asserting constitutional and statutory claims that the senate was acting impermissibly in seeking to void the special election in which plaintiff was elected, the appeal is dismissed for lack of jurisdiction and remanded for consideration of whether plaintiffs are entitled to attorney's fees where the case was moot and vacatur of the district court's judgment was unwarranted.

Appellate Information

• Decided 11/22/2006
• Published 11/22/2006

Judges

• Before: MARTIN, MOORE, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William N. Helou, Office of the Attorney General, Nashville, Tennessee, for Appellants.  David J. Cocke, Bogatin Law Firm, Memphis, Tennessee, for Appellees.   ON BRIEF:  William N. Helou, Janet M. Kleinfelter, Office of the Attorney General, Nashville, Tennessee, for Appellants.  Matthew P. Cavitch, Bogatin Law Firm, Memphis, Tennessee, for Appellees.