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COUNCIL ON AMERICAN ISLAMIC RELATIONS v. BALLENGER

No. 05-5161.

444 F.3d 659 (2006)

COUNCIL ON AMERICAN ISLAMIC RELATIONS, Appellant v. Cass BALLENGER, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 2006.

Attorney(s) appearing for the Case

Jeremiah A. Denton, III argued the cause for appellant. With him on the briefs was Michael C. Zisa.

Peter D. Blumberg, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: SENTELLE, ROGERS and GRIFFITH, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM.

In this defamation action, we consider whether a congressman acted "within the scope of employment" when he discussed his marital status in his office, during regular business hours, in response to a reporter's inquiries. The District Court held that he did, and we agree. We therefore affirm the District Court's conversion of the case into an action against the United States pursuant to the procedures set...

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