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BOEHNER v. McDERMOTT

No. 04-7203.

484 F.3d 573 (2007)

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

United States Court of Appeals, District of Columbia Circuit.

Argued January 25, 2007.

Decided May 1, 2007.

Attorney(s) appearing for the Case

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

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

Michael A. Carvin argued the causes for appellee. With him on the briefs was Louis K. Fisher.

Before: GINSBURG, Chief Judge, and SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL, GARLAND, BROWN and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Concurring opinion filed by Circuit Judge GRIFFITH.

Dissenting opinion filed by Circuit Judge SENTELLE, in which Circuit Judges ROGERS, TATEL and GARLAND join and Circuit Judge GRIFFITH joins as to Part I.

RANDOLPH, Circuit Judge.

Both parties to this case are members of the United States House of Representatives. John A. Boehner, the plaintiff...

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