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WATSON v. GEREN

No. 07-2563-pr.

587 F.3d 156 (2009)

Timothy D. WATSON, Petitioner-Appellee, v. Pete GEREN, Secretary of the Army, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

October 30, 2009.

Attorney(s) appearing for the Case

Raymond J. Toney, Esq., Law Office of Raymond J. Toney, New York, NY, for Petitioner-Appellee.

Anthony Steinmeyer, Esq., Joshua P. Waldman, Esq., U.S. Department of Justice, Washington, DC, Arthur Eisenberg, Esq., New York Civil Liberties Union Foundation, New York, NY, for Respondent-Appellant.

POOLER, KATZMANN, B.D. PARKER, WESLEY and HALL, Circuit Judges, concurring in the denial of rehearing en banc.

ORDER

Following disposition of this appeal on June 25, 2009, an active judge of the Court requested a poll on whether to rehear the case in banc. A poll having been conducted and there being no majority favoring in banc review, rehearing in banc in hereby DENIED.

With this Order is filed a per curiam opinion concurring in the denial of rehearing in banc, and Judge Raggi files an opinion dissenting from the...

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