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SCHUCHARDT v. PRESIDENT OF THE U.S.

No. 15-3491.

839 F.3d 336 (2016)

Elliott J. SCHUCHARDT, individually and doing business as the Schuchardt Law Firm, on behalf of himself and all others similarly situated, Appellant, v. PRESIDENT OF THE UNITED STATES; Director of National Intelligence; Director of the National Security Agency and Chief of the Central Security Service; Director of the Federal Bureau of Investigation.

United States Court of Appeals, Third Circuit.

Filed: October 5, 2016.

Attorney(s) appearing for the Case

Elliot J. Schuchardt [Argued], 309 Braeburn Drive, Winchester, VA 22601, Counsel for Appellant

Andrew G. Crocker, Esq. , Electronic Frontier Foundation, 815 Eddy Street, San Francisco, CA 94109, Counsel for Amicus Appellant

Benjamin C. Mizer , David J. Hickton , H. Thomas Byron III , Henry C. Whitaker [Argued], United States Department of Justice, Appellate Section, Room 7256, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Counsel for Appellee

Before: SMITH, Chief Judge, HARDIMAN, and NYGAARD, Circuit Judges.

OPINION

This appeal involves a constitutional challenge to an electronic surveillance program operated by the National Security Agency (NSA) under the authority of Section 702 of the Foreign Intelligence Surveillance Act (FISA). Elliott Schuchardt appeals an order of the United States District Court for the Western...

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