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BOEHNER v. McDERMOTT

No. 04-7203.

441 F.3d 1010 (2006)

John A. BOEHNER, Appellee v. James A. McDERMOTT, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 28, 2006.

Attorney(s) appearing for the Case

Frank Cicero, Jr. argued the cause for appellant. With him on the briefs was Christopher Landau.

Theodore J. Boutrous, Jr. and Thomas H. Dupree, Jr. were on the brief of amici curiae Dow Jones & Company, Inc., et al. in support of appellant.

Michael A. Carvin argued the cause for appellee. With him on the brief was Louis K. Fisher.

Before: GINSBURG, Chief Judge, and SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

Dissenting opinion filed by Circuit Judge SENTELLE.

RANDOLPH, Circuit Judge.

After the Supreme Court vacated our decision in Boehner v. McDermott, 191 F.3d 463 (D.C.Cir.1999) (Boehner I), and returned the case to us for further consideration in light of Bartnicki v. Vopper, 532 U.S. 514, 121 S.Ct. 1753, 149 L...

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