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REGIONS BANK,
Plaintiff-Appellant,
v.
DONNIE FLETCHER; DENNIS FLETCHER; INTERNAL
REVENUE SERVICE,
Defendants-Appellees. |
No. 22-5725 |
Appeal from the United States District Court
for the Eastern District of Tennessee at Chattanooga.
No. 1:21-cv-00291—Travis Randall McDonough, District Judge.
Decided and Filed: May 4, 2023
Before: GRIFFIN, STRANCH, and DAVIS, Circuit Judges.
_________________________
OPINION
_________________________
JANE B. STRANCH, Circuit Judge. In this judicial foreclosure action, Regions Bank
appeals the district court’s order granting summary judgment in favor of Donnie and Dennis
Fletcher (“the Fletcher brothers”). The district court concluded that Regions’ suit was barred by
Tennessee’s statute of limitations for actions to enforce liens on real property, Tenn. Code Ann.
§ 28-2-111, and declined to establish an equitable lien in favor of the Bank. For the following
reasons, we AFFIRM the district court’s judgment. |
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CONSUMERS’ RESEARCH; CAUSE BASED COMMERCE, INC.;
JOSEPH BAYLY; JEREMY ROTH; DEANNA ROTH; LYNN GIBBS;
PAUL GIBBS,
Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION; UNITED STATES OF
AMERICA,
Respondents,
BENTON INSTITUTE FOR BROADBAND AND SOCIETY; CENTER
FOR MEDIA JUSTICE dba MediaJustice; COMPETITIVE
CARRIERS ASSOCIATION; NATIONAL DIGITAL INCLUSION
ALLIANCE; NATIONAL TELECOMMUNICATIONS COOPERATIVE
ASSOCIATION dba NTCA; SCHOOLS, HEALTH & LIBRARIES
BROADBAND COALITION; USTELECOM,
Intervenors. |
No. 21-3886 |
Petition for Review of an Order of the Federal Communications Commission;
No. DA21-1134.
Argued: March 17, 2023
Decided and Filed: May 4, 2023
Before: MOORE, CLAY, and STRANCH, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. For nearly a century, Congress has aimed to
provide all Americans with universal access to telecommunications services. Congress issued
this universal-service mandate in the Communications Act of 1934 and elaborated upon it in the
Telecommunications Act of 1996. The Federal Communications Commission (“FCC”)
implemented the universal-service mandate by establishing the Universal Service Fund (“USF”
or “the Fund”), which now consists of four different program mechanisms to “help[] compensate
telephone companies or other communications entities for providing access to
telecommunications services at reasonable and affordable rates throughout the country,
including rural, insular and high costs areas, and to public institutions.”
Fed. Commc’ns Comm’n, Glossary of Telecommunications Terms: Universal Service,
https://www.fcc.gov/general/glossary-telecommunications-terms; see also 47 U.S.C. § 254. To
pay for these universal-service pursuits, Congress requires that certain telecommunications
carriers fund these efforts. 47 U.S.C. § 254(d). Thus, on a quarterly basis, the FCC publishes
the percentage of “interstate and international end-user telecommunications revenue” that
covered telecommunications carriers must contribute to the Universal Service Fund’s programs,
known as the quarterly contribution factor. 47 C.F.R. § 54.709(a)(3). Petitioners—a group of
consumers, a nonprofit organization, and a carrier—challenge this statutory arrangement as
violating the nondelegation doctrine. They further allege that the role of a private entity in
administering the Universal Service Fund violates the private-nondelegation doctrine.
We disagree and DENY the petition for review. |
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