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FANIN v. U.S. DEPT. OF VETERANS AFFAIRS

No. 08-11102.

572 F.3d 868 (2009)

Greg FANIN, Plaintiff, Jim Henry Perkins, Jessie Frank Qualls, on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, Eric Shinseki, in his official capacity as Secretary of Veterans Affairs, Robert T. Howard, in his official capacities as Assistant Secretary for Information and Technology and Chief Information Officer for Veterans, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 17, 2009.

Attorney(s) appearing for the Case

P. Stephen Gidiere, III, Alexia Bowers Borden, Gregory C. Cook, Balch & Bingham, LLP, Birmingham, AL, for Plaintiffs-Appellants.

Samantha L. Chaifetz, Washington, DC, for Defendants-Appellees.

Before TJOFLAT and CARNES, Circuit Judges, and HOOD, District Judge.

CARNES, Circuit Judge:

Someone pulled off the trick of making an object disappear from a safe in a darkened office building over a cold and rainy weekend. Unfortunately, the magician never completed the trick by making it reappear. The missing object is hardly a stage prop. It is an external computer hard drive belonging to the Department of Veterans Affairs (VA) containing the unencrypted names, social security numbers, birth dates, and healthcare files of more than...

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