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FEMHEALTH USA, INC., dba carafem,
Plaintiff-Appellee,
v.
RICKEY NELSON WILLIAMS, JR. et al.,
Defendants,
OPERATION SAVE AMERICA; JASON STORMS;
MATTHEW BROCK; COLEMAN BOYD; FRANK LINAM;
BRENT BUCKLEY,
Defendants-Appellants. |
No. 22-5915 |
Appeal from the United States District Court for the Middle District of Tennessee at Nashville.
No. 3:22-cv-00565—William Lynn Campbell Jr., District Judge.
Argued: July 25, 2023
Decided and Filed: September 29, 2023
Before: MOORE, GIBBONS, and BUSH, Circuit Judges.
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OPINION
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KAREN NELSON MOORE, Circuit Judge. When this interlocutory appeal was initially
briefed, the issue presented was whether the district court abused its discretion in granting a
preliminary injunction under the Freedom of Access to Clinic Entrances Act (FACE Act),
18 U.S.C. § 248. By the time we heard oral argument, however, that merits issue had been
overtaken by a dispute over whether intervening events that occurred after the parties filed their
merits briefs warranted modifying or dissolving the district court’s preliminary injunction.
Because that dispute raises new factual and legal issues that the district court is best positioned to
resolve in the first instance, we DISMISS the appeal and REMAND for further proceedings.
We separately DENY appellants’ motion for attorney fees, expenses, and costs. |
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