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CHAPLAINCY OF FULL GOSPEL CHURCHES v. ENGLAND

No. 05-5143, 05-5144.

454 F.3d 290 (2006)

CHAPLAINCY OF FULL GOSPEL CHURCHES, et al., Appellants v. Gordon R. ENGLAND, Secretary of the U.S. Navy, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2006.

Attorney(s) appearing for the Case

Arthur A. Schulcz, Sr. argued the cause and filed the briefs for appellants.

Robert M. Loeb, Attorney, U.S. Department of Justice, argued the cause for appellees. Wit him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and I. Glenn Cohen, Attorney.

Before: HENDERSON, ROGERS and BROWN, Circuit Judges.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge.

Appellants, current and former Navy chaplains of "non-liturgical Protestant" faiths and their endorsing agency, brought suit alleging the Navy has unconstitutionally established and maintained a religious quota system for the promotion, assignment, and retention of Navy chaplains that disadvantages chaplains of non-liturgical Protestant faiths. In the midst of discovery, Appellants moved...

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