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IN RE SEALED CASE

No. 04-5313.

494 F.3d 139 (2007)

In re SEALED CASE.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 2007.

Unsealed July 20, 2007.

Attorney(s) appearing for the Case

Brian C. Leighton argued the cause and filed the briefs for appellant.

H. Thomas Byron III, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Barbara L. Herwig and Douglas Letter, Attorneys.

Before ROGERS, BROWN and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

Concurring and dissenting opinion filed by Circuit Judge BROWN.

ROGERS, Circuit Judge:

In this appeal, the court must decide whether the state secrets privilege requires the dismissal of Richard A. Horn's complaint alleging the violation of his Fourth Amendment rights. We affirm the district court's determinations that the United States properly invoked the privilege and that the complaint must be...

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