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YOUSUF v. SAMANTAR

No. 05-5197.

451 F.3d 248 (2006)

Bashe Abdi YOUSUF, et al., Appellants v. Mohamed Ali SAMANTAR and Department of State, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 2006.

Attorney(s) appearing for the Case

Robert R. Vieth argued the cause for appellants. With him on the briefs were Tara M. Lee, Lori R. Ploeger, and Michael Traynor.

H. Thomas Byron, III, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Douglas N. Letter, Attorney.

John S. Mills was on the brief for amici curiae The Educational Fund To Stop Gun Violence and National Security Archive in support of appellants. Meredith Fuchs, Kate A. Martin, and Sayre Weaver entered appearances.

Before: GINSBURG, Chief Judge, and ROGERS and BROWN, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

The drafters of the Federal Rules of Civil Procedure believed Rule 45 was "so simple that it did not need any discussion" at the symposia they held to introduce the Rules in 1938. American Bar Association, Federal Rules of Civil Procedure, Proceedings of the [American Bar Association] Institute [on Federal Rules] at Washington, D.C. and...

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