AO I0 Rev.

1/2011

FINANCIAL DISCLOSURE REPORT FOR CALENDAR YEAR 2010

2. Court or Organization U.S. Court of Appeals for the Sixth Circuit
$a. Report Type (check appropriate type) ] Nomination, [] Initial Date [] Annual [] Final

Report Required by the Ethics in Government Act of 1978 (5 U.S.C. app. 101-111)

1. Person Reporting (last name, first, middle initial) Merritt, Gilbert S.

4. Title (Article II I judges indicate active or senior status; magistrate judges indicate full- or part-time)

3. Date of Report 05/12/2011 6. Reporting Period 01/01/2010 to 12/31/2010

Senior Circuit Judge

5b. [] Amended Report

7. Chambers or Office Address 303 Customs House 701 Broadway Nashville, TN 37203

8. On the basis of the information contained in this Report and any modifications pertaining thereto, it is, in my opinion, in compliance with applicable laws and regulations. Reviewing Officer Date

IMPORTANT NOTES: The instructions accompanying this form must be followea~ Complete all parts,
checking the NONE box for each part where you have no reportable information. Sign on last page.

I. POSITIONS. (Reporting individual only; seepp. 9-13 of filing instructions.)

[~] NONE (No reportable positions.) POSITION
1. 2. 3. 4. 5. Partner

NAME OF ORGANIZATION/ENTITY Southern Properties & Co.~!~~,i real estate partnership)

II. AGREEMENTS. (neportlng inai.id.al only; seeps. I4o16 of filing instructions.)

~] NONE (No reportable agreements.) DATE PARTIES AND TERMS

Merritt, Gilbert S.

FINANCIAL DISCLOSURE REPORT Page 2 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

III. NON-INVESTMENT INCOME. (~epo.ing individual and spouse; seepp. 17-24 offillng instructions.)
A. Filers Non-lnvestment Income ~] NONE(No reportable non-investment income.) DATE SOURCE AND TYPE

INCOME (yours, not spouses)

2. 3. 4.

B. Spouses Non-Investment Income - if you were married during anyportion of the reporting year, complete this section.
(Dollar amount not required except for honoraria.)

NO~NE (No reportable non-investment income.)

DATE
1. 2. 3. 4.

SOURCE AND TYPE

IV. REISIBURSEMENTS - transportation, Iodglng, food, entertainment.

(Includes those to spouse and dependent children; see pp. 25-27 o filling instructions.)

NONE (No reportable reimbursements.)

SOURCE
I. 2. 3. 4. 5.

DATES

LOCATION

PURPOSE

ITEMS PAID OR PROVIDED

FINANCIAL DISCLOSURE REPORT Page 3 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

. ~JllP g Oo (Includes those to spouse and dependent children; see pp. 28-31 of filing instructions.)

NONE (No reportable gifts.)

SOURCE
1. 2. 3. 4. 5.

DESCRIPTION

VALUE

VI. LIABILITIES. anctudes those olspouse und dependent children; see pp. 32-33 of filing instructions.)
NONE (No reportable liabilities.) CREDITOR Union Planters Bank, Nashville, TN
2. 3. 4. 5.

DESCRIPTION
Mortgage on Cookeville Commons Shopping Center (See VII, line 7)

VALUE CODE
PI

FINANCIAL DISCLOSURE REPORT Page 4 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

VII. INVESTMENTS and TRUSTS - i.come, valae, transactions (Includes those of spouse and dependent children; seepp. 34-60 of filing instructions.)
[~] NONE (No reportable income, assets, or transactions.)
A. Description of Assets (including trust assets) Place "(X)" after each asset exempt from prior disclosure B. Income during reporting period (l) Amount Code 1 (A-H) (2) Type (e.g., div., rent, or int.) C. Gross value at end of reporting period (1) (2) Value Value Code 2 (J-P) Method Code 3 (Q-W) (1) Type (e.g., buy, sell, redemption) (2) (3) (4) Date Value mm/dd/yy Gain (5) Identity of buyer/seller (if private transaction) Transactions during reporting period

Code 2 - Code 1 (J-P) (A-H)

I. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.

Southern Properties & Co. (See below) (A) Westgate Shopping Center, Nashville, (B) White Castle, Nashville, TN (C) 3 rental houses, Nashville, TN (D) Cash -- interest bearing, SunTrust, Nashville, TN Check & savings acct. SunTrust, Nashville, Cookeville Commons Shop. Ctr., Cookeville, TN Art collection -- paintings Airplane SunTrust Bank Account Berkshire Hathaway Heartland Express Sigma Aldrich SyscoCorp. Tech DataCorp. U.S. Treas. Bills Nashville Bank & Trust
A A A A C A C B

G E
E

Rent Rent
Rent

P1 N
N

W W
W

D A G

Interest Interest Rent

None None None Dividend Dividend Dividend Dividend Dividend Interest lnterest

M L PI
M M M M M L M M N K

T T W
W W T T T T T T T T Sold (part) 11/05/10 Sold 01/20/10

A Chuck Armstrong

1. Income Gain Codes: (See Columns B I and D4) 2. Value Codes (See Columns CI and D3) 3. Value Method Codes (See Column C2)

A =$1,000 or less F =$50,001 - $ 100,000 J =$15,000 or less N =$250,001 - $500,000 P3 -$25,000,001 - $50.000.000 Q =Appraisal U =Book Value

B =$1,001 - $2,500 G =$100,001 - $1,000,000 K =$15,001 - $50,000 O =$500,001 ~ $1,000,000 R =Cost (Real Estate Only) V =Other

C =$2,501 - $5,000 H 1 =$1,000,001 - $5,000,000 L =$50,001 - $ 100,000 PI =$1,000,001 - $5,000,000 P4 =More than $50,000,000 S =Assessment W =Estimated

D=$5,001- $15,000 H2 =Morethan $5,000,000 M=$|00,001 -$250,000 P2 =$5,000,001- $25,000,000 T =Cash Markct

E =$15,001- $50,000

FINANCIAL DISCLOSURE REPORT Page 5 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

VII. INVES TMENTS and TRU S TS - income, ~ulue, transactions (Includes those of spouse and dependent children; see pp. 34-60 of fillng instructions.)
NONE (No reportable income, assets, or transactions.)
A. Description of Assets (including trust assets) Place "(X)" after each asset exempt from prior disclosure B. Income during reporting period (1) Amount Code I (A-H) (2) Type (e.g., div., rent, or int.) C. Gross value at end of reporting period (1) Value Code 2 (J-P) (2) Value Method Code 3 (Q-W) (1) Type (e.g., buy, sell, redemption) D. Transactions during reporting period (2) Date mm/dd/yy (3) (4) Value Gain Code 2 Code 1 (J-P) (A-H) t (5) Identity of buyer/seller (if private transaction)

18.

Vanguard Fund

D A

Interest None

O K

T W

Vanguard Fund

19. NBT Holdings 20. 21. 22. 23. 24. U.S. Treasury Bills and Notes/see attached+

1. Income Gain Codes: (See Columns B I and D4) 2. Value Codes (See Columns CI and D3) 3. Value Method Codes (See Column C2)

A =$1.000 or less F =$50,001 - $100,000 J = $15,000 or les s N =$250,001 - $500,000 P3 =$25.000,001 - $50.000,000 Q =Appraisal U =Book Value

B =$1,001 - $2,500 G =$100,001 - $ 1,000,000 K =$15,001 - $ 50,000 O =$500.001 - $1,000,000 R =Cost (Real Estate Only) V =Other

C =$2.501 - $5,000 H 1 =$1,000,001 - $5,000,000 L =$50,001 - $ 100,000 PI =$1,000,001 - $5,000,000 P4 ~More than $50,000.000 S =Assessment W =Estimated

D =$5,001 - $15.000 H2 =More than $5,000,000 M =$ 100,001 - $250,000 P2 =$5,000,001 - $25,000.000 T =Cash Market

E =$15,001- $50,000

FINANCIAL DISCLOSURE REPORT Page 6 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (Indicate part of report.)

VII. Investments and Trusts Line 20. Nine sales and purchases by Shayne & Company for my account throughout the year for a profit orE in the total amount of H 1.

FINANCIAL DISCLOSURE REPORT Page 7 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (lndicate part of report.)

FINANCIAL DISCLOSURE REPORT Page 8 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/17/2011

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (lndicatepgrtofreport.)

FINANCIAL DISCLOSURE REPORT Page 9 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (lndicate part of report.)

FINANCIAL DISCLOSURE REPORT Page 10 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (lndlcaterartofreport.)

FINANCIAL DISCLOSURE REPORT Page 11 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (lndicate part of report.)

FINANCIAL DISCLOSURE REPORT Page 12 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

IX. CERTIFICATION.
I certify that all information given above (including information pertaining to my spouse and minor or dependent children, if any) is accurate, true, and complete to the best of my knowledge and belief, and that any information not reported was withheld because it met applicable statutory provisions permitting non-disclosure. I further certify that earned income from outside employment and honoraria and the acceptance of gifts which have been reported are in compliance with the provisions of 5 U.S.C. app. 501 et. seq., 5 U.S.C. 7353, and Judicial Conference regulations.

Signature: S[ Gilbert S. Merritt

NOTE: ANY INDIVIDUAL WHO KNOWINGLY AND WILFULLY FALSIFIES OR FAILS TO FILE THIS REPORT MAY BE SUBJECT TO CIVIL AND CRIMINAL SANCTIONS (5 U.S.C. app. 104)

Committee on Financial Disclosure Administrative Office of the United States Courts Suite 2-301 One Columbus Circle, N.E. Washington, D.C. 20544

AO 10 Rev. 1/2011

FINANCIAL DISCLOSURE REPORT FOR CALENDAR YEAR 2010

2. Court or Organization U.S. Court of Appeals for the Sixth Circuit
5a. Report Type (check appropriate type) ] Nomination, [] Initial Date [] Annual [] Final

Report Required by the Ethics in Government Act of 1978 (5 U.S.C. app. I01-111)

1. Person Reporting (last name, first, middle initial) Merritt, Gilbert S. "4. Title (Article Ill judges indicate active or senior status; magistrate judges indicate full- or part-time) Senior Circuit Judge

3. Date of Report 05/12/2011

6. Reporting Period 01/01/2010 to 12/31/2010

5b. [] Amended Report

7. Chambers or Office Address 303 Customs House 701 Broadway Nashville, TN 37203

8. On lhe basis of the information contained In this Report and any modifications pertaining thereto, it is, in my opinion, in compliance with applicable laws and regulations. Reviewing Officer Date

1MPOR TANT NO TES: The instructions accompanying this form must be followed. Complete all parts,
checking the NONE box for each part where you have no reportable informatiot~ Sign on last page.

I. P 0 S I TI 0 N S. (Reporti,~ i, dlvla,,t o,ly; ,ee pp. 9-13 oS~U,~ i,,tructio,s.)

L--q NONE (No reportable positions.) POSITION
1. 2. 3. 4. 5. Partner

NAME OF ORGANIZATION/ENTITY
Southern Properties & Co ~]~ real estate partnership)

II. AGREEMENTS. (Reporting individual only; seepp. 14-16 offiling instructions.)

~] NONE (No reportable agreements.) DATE PARTIES AND TERMS

Merritt, Gilbert S. A

FINANCIAL DISCLOSURE REPORT Page 2 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

III. NON-INVESTMENT INCOME. (Reporting indivldualandspouse; seepp. 17-24 of filing lnstructions.)

A. Filers Nan-Investment Income ~ NONE (No reportable non-investment income.) DATE SOURCE AND TYPE

INCOME (yours, not spouses)

2. 3. 4.

B. Spouses Non-lnvestment Income - If you were married during any portion of the reporting year, complete this section.
(Dollar amount not required except for honoraria.)

NONE (No reportable non-investment income.) DATE

I. 2. 3. 4.

SOURCE AND TYPE

IV. REIMBURSEMENTS - transportation, lodging, food, entertainment.

(Includes those to spouse and dependent children; see pp. 25-27 of filing instructions.)

NONE (No reportable reimbursements.)

SOURCE
I. 2. 3. 4. 5.

DATES

LOCATION

PURPOSE

ITEMS PAID OR PROVIDED

FINANCIAL DISCLOSURE REPORT Page 3 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

V. GIFTS. a, cl,dcs those to spouse and dependent children; see pp. 28-31 of filing instructions.)
[~] NONE (No reportable gifts.)
SOURCE
!. 2. 3. 4. 5.

DESCRIPTION

VALUE

VI. LIABILITIES. a.cl.des those olspo,se and depe.dent children; see pp. 32-33 of filing instructions.)

[]

NONE (No reportable liabilities.) CREDITOR Union Planters Bank, Nashville, TN

DESCRIPTION
Mortgage on Cookeville Commons Shopping Center (See VII, line 7)

VALUE CODE
P1

2. 3. 4. 5.

FINANCIAL DISCLOSURE REPORT Page 4 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

VII. INVESTMENTS and TRUSTS - income, value, transactions (Includes those of spouse and dependent children; seepp. 34-60 of fillng instructions.)
NONE (No reportable income, assets, or transactions.)
A. Description of Assets (including trust assets) Place "(X)" after each asset exempt from prior disclosure B. Income during reporting period (1) Amount Code 1 (A-H) (2) Type (e.g., div., rent, or int.) C. Gross value at end of reporting period (1) (2) Value Value Code 2 Method Code 3 (J-P) (Q-W) D. Transactions during reporting period (1) Type (e.g., buy, sell, redemption) (2) Date mm/dd/yy (3) (4) Value Gain Code 2 Code 1 (J-P) (A-H) (5) Identity of buyer/seller (if private transaction)

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. il. 12. 13. 14. 15. 16. 17.

Southern Properties & Co. (See below) (A) Westgate Shopping Center, Nashville, (B) White Castle, Nashville, TN (C) 3 rental houses, Nashville, TN (D) Cash -- interest bearing, SunTrust, Nashville, TN Check & savings acct. SunTrust, Nashville, Cookeville Commons Shop. Ctr., Cookeville, TN Art collection -- paintings Airplane SunTrust Bank Account Berkshire Hathaway Heartland Express Sigma Aldrich Sysco Corp. Tech DataCorp. U.S. Treas. Bills Nashville Bank & Trust A A A A C A
C

G E E D A G

Rent Rent Rent Interest Interest Rent None None None Dividend Dividend Dividend Dividend Dividend
Interest

P1 N N M L PI M M M M M L M M
N

W W W T T W W W T T T T T T
T

Sold

01/20/10

Chuck Armstrong

(part)

Sold

11/05/10

Interest

I. Income Gain Codes: (See Columns B 1 and 1)4) 2. Value Codes (See Columns CI and D3) 3. Value Method Codes (See Column C2)

A =$1,000 or less F =$ 50.001 - $ 100,000 J =$15,000 or less N =$250.001 - $500,000 P3 -$25.000,001 - $50,000,000 Q =Appraisal U =Book Value

B =$1,001 - $2,500 G =$ 100,001 - $ 1,000,000 K =$15,001 - $50,000 O =$500,001 - $1,000,000 R =Cost (Real Estate Only) V =Other

C =$2,501 - $5,000 H 1 =$ 1,000,001 - $ 5,000,000 L =$50,001 ~ $100,000 PI =$1,000,001 - $5,000,000 P4 =More than $50,000,000 S =Assessment W =Estimated

D =$5,001 - $15,000 H2 =More than $5,000.000 M =$100,001 - $250,000 P2 =$5,000,001 o $25,000,000 T =Cash Market

E =$15,001 - $50,000

FINANCIAL DISCLOSURE REPORT Page 5 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

VII. INVESTMENTS and TRUSTS - inco,.e, vatae, transactions (Includes those of spouse and dependent children; see pp. 34-60 of filing instructions.)
NONE (No reportable income, assets, or transactions.)
Description of Assets (including trust assets)

B. Income during reporting period (1) Amount Code 1 {A-H) (2) Type (e.g., div., rent, or int.)

C. Gross value at end of reporting period (1) Value Code 2 (J-P) (2) Value Method Code 3 (Q-W) (11 Type (e.g., buy, sell, redemption)

D. Transactions during reporting period (2) Date mm/dd/yy (3) (4) Value Gain Code 2 Code l (J-P) (A-H) (5) Identity of buyer/seller (if private transaction)

Place "(X)" at~er each assel exempt from prior disclosure

18. 19.
20.

Vanguard Fund NBT Holdings U.S. Treasury Bills and Notes/see attached+

D A

Interest None

0 K

T W

Vanguard Fund

21.
22.

123.
24.

I. Income Gain Codes: (See Columns 131 and D4) 2. Value Codes (See Columns CI and D3) 3. Value Method Codes (See Column C2)

A =$1,000 or less F =$50,001 - $I00,000 J =$15,000 or less N =$250,00I o $500,000 P3 -$25,000,001 - $50,000,000 Q =Appraisal U =Book Value

B =$1,001 - $2,500 G =$100,001 - $1,000,000 K =$15,001 - $50,000 0 =$500,001 - $1,000,000 R =Cost (Real Estate Only) V =Other

C =$2,501 - $5,000 H I =$1,000,001 - $5,000,000 L =$50,001 - $ 100,000 PI -$t,O00,O01 - $5,000,000 P4 =More than $50,000,000 S =Assessment W =Estimated

D =$5,001 - $15,000 H2 =More than $5,000,000 M =$ 100,001 - $250,000 P2 =$5,000,001 - $25,000.000 T =Cash Market

E =$15,001 - $50,000

FINANCIAL DISCLOSURE REPORT Page 6 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/! 2/201 I

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (lndlcatepart of report.)

VII. Investments and Trusts Line 20. Nine sales and purchases by Shayne & Company for my account throughout the year for a profit of E in the total amount of HI.

FINANCIAL DISCLOSURE REPORT Page 7 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/I 2/2011

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS.

FINANCIAL DISCLOSURE REPORT Page 8 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (lndlcatepart of report.)

FINANCIAL DISCLOSURE REPORT Page 9 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/201 I

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (Indlcate part of report.)

FINANCIAL DISCLOSURE REPORT Page 10 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (lndlcate part of report.)

FINANCIAL DISCLOSURE REPORT Page 11 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/2011

VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (ln,licate part of report.)

FINANCIAL DISCLOSURE REPORT Page 12 of 12

Name of Person Reporting Merritt, Gilbert S.

Date of Report 05/12/201 l

IX. CERTIFICATION.
1 certify that all information given above (including information pertaining to my spouse and minor or dependent children, if any) is accurate, true, and complete to the best of my knowledge and belief, and that any information not reported was withheld because it met applicable statutory provisions permitting non*disclosure. I further certify that earned income from outside employment and honoraria and the acceptance of gifts which have been reported are in compliance with the provisions of 5 U.S.C. app. 501 et. seq., 5 U.S.C. 7353, and Judicial Conference regulations.

Signature: S/Gilbert S. Merritt

NOTE: ANY INDIVIDUAL WHO KNOWINGLY AND WILFULLY FALSIFIES OR FAILS TO FILE THIS REPORT MAY BE SUBJECT TO CIVIL AND CRIMINAL SANCTIONS (5 U.S.C. app. 104)

Committee on Financial Disclosure Administrative Office of the United States Courts Suite 2-301 One Columbus Circle, N.E. Washington, D.C. 20544