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MOLERIO v. F.B.I.

No. 83-2095.

749 F.2d 815 (1984)

Daniel MOLERIO, Appellant, v. FEDERAL BUREAU OF INVESTIGATION, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided November 30, 1984.

Attorney(s) appearing for the Case

Arthur B. Spitzer, Washington, D.C., with whom Andrew B. Weissman and Margaret L. Tobey, Washington, D.C., were on the brief, for appellant.

Freddi Lipstein, Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty., and Barbara L. Herwig, Dept. of Justice, Washington, D.C., were on the brief, for appellees.

Before EDWARDS, SCALIA and FRIEDMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

We review the decision of the District Court to dismiss an action brought by Daniel Molerio, who asserted that the Federal Bureau of Investigation refused to hire him as a special agent for reasons which were both illegal and unconstitutional. The appeal raises issues, among others, of the validity and effect of the government's assertion of the state secrets privilege, and of the...

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