Here are the attorneys and judges involved in this week's case before the 10th Circuit Court of Appeals.


Peggy Tomsic, representing the plaintiffs

Partner, Magelby & Greenwood, Salt Lake City

University of Utah, B.A., English

University of Utah College of Law

Founding member, Tomsic & Peck, 2005-2009; managing partner, Berman, Tomsic & Savage, 1983-2005. Tomsic has represented defendants and plaintiffs in trials and appeals involving business litigation. Her practice includes trademark and patent infringement, breach of contract, common law fraud, securities fraud and eminent domain.

Born in Price and grew up in Moab.

Gene Schaerr, representing the state of Utah

Assistant Utah attorney general

Brigham Young University, B.A., economics

Yale University, M.A., economics

Yale Law School

Partner, Winston & Strawn, Washington, D.C., handling appeals, critical motions and constitutional litigation, 2005-2014. Partner, Sidley Austin, 1993-2005. Associate counsel President George Bush, 1991-1993. Law clerk, U.S. Supreme Court, Chief Justice Warren Burger and Justice Antonin Scalia, 1986-87.

Born in Kanab.

10th Circuit Court of Appeals

Judge Paul J. Kelly Jr.

Nominated by President George Bush; confirmed by Senate on April 8, 1992.

University of Notre Dame, B.B.A.

Fordham University School of Law

Private practice, Santa Fe, N.M., 1967-1992. 
New Mexico state representative, 1977-1981

Judge Carlos F. Lucero

Nominated by President Bill Clinton; confirmed by Senate on June 30, 1995.

Adams State College, B.A.

George Washington University Law School

Law clerk, Judge William E. Doyle, U.S. District Court, District of Colorado, 1964-1965. 
Private practice, Alamosa, Colo., 1966-1995. 
Adjunct professor, Adams State College, 1968-1995

Judge Jerome A. Holmes

Nominated by President George W. Bush; confirmed by Senate on July 25, 2006.

Wake Forest University, B.A.

Georgetown University Law Center

Harvard University, M.P.A.

Law clerk, Judge Wayne E. Alley, U.S. District Court for the Western District of Oklahoma, 1988-1990. 
Law clerk, Judge William J. Holloway Jr., U.S. Court of Appeals for the 10th Circuit, 1990-1991. 
Private practice, Washington, D.C., 1991-1994. 
Assistant U.S. attorney, U.S. Attorney's Office for the Western District of Oklahoma, 1994-2005. Private practice, Oklahoma City, Okla., 2005-2006


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