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POTTER v. DISTRICT OF COLUMBIA

Nos. 07-7163, 07-7164.

558 F.3d 542 (2009)

Calvert L. POTTER, et al., Appellees v. DISTRICT OF COLUMBIA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 6, 2009.

Attorney(s) appearing for the Case

Richard S. Love, Senior Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellant. With him on the briefs were Peter J. Nickles, Interim Attorney General, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General.

Joshua A. Doan, argued the cause for appellees. With him on the brief were William D. Iverson and Arthur B. Spitzer.

Concurring opinion by Senior Judge WILLIAMS.

ROGERS, Circuit Judge:

The District of Columbia requires its firefighters and emergency medical service ("EMS") workers (together "firefighters") to be clean shaven. A number of firefighters who wear beards for religious reasons challenged this requirement under the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb et seq. ("RFRA"). The district court granted summary judgment to the firefighters upon finding that the District of Columbia had not shown...

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