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STERLING v. TENET

No. 04-1495.

416 F.3d 338 (2005)

Jeffrey Alexander STERLING, Plaintiff-Appellant, v. George TENET, Director, Central Intelligence Agency, Defendant-Appellee, and John Does 1-10, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 3, 2005.

Attorney(s) appearing for the Case

ARGUED: Mark Steven Zaid, Krieger & Zaid, P.L.L.C., Washington, D.C., for Appellant. William Joseph Howard, Assistant United States Attorney, Department of Homeland Security, Washington, D.C., for Appellee. ON BRIEF: George R.A. Doumar, Arlington, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Larry Lee Gregg, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before WILKINS, Chief Judge, and WILKINSON and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge WILKINS and Judge GREGORY joined.

OPINION

WILKINSON, Circuit Judge.

In this case we consider the applicability of the "state secrets doctrine" to a Title VII racial discrimination claim brought against the Director of Central Intelligence and ten unnamed CIA employees by a CIA covert agent. That doctrine embodies an evidentiary "privilege which protects military...

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