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TOOLEY v. NAPOLITANO

No. 07-5080.

586 F.3d 1006 (2009)

Scott TOOLEY, Appellant v. Janet Ann NAPOLITANO, Homeland Security Secretary, in her Official Capacity, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 17, 2009.

Attorney(s) appearing for the Case

Lori Alvino McGill, appointed by the court, argued the cause as amicus curiae in support of appellant. With her on the briefs were Richard P. Bress and Gabriel K. Bell, appointed by the court.

Teal Luthy Miller, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief was Douglas N. Letter, Attorney.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

This is the second time we review the district court's dismissal of the complaint in Tooley v. Bush, No. 06-306, 2006 WL 3783142 (D.D.C.2006). After our initial consideration of the case, in Tooley v. Napolitano, 556 F.3d 836 (D.C.Cir.2009), the government sought and we granted a rehearing in light of Ashcroft v. Iqbal, ___ U.S. ___, 129 S.Ct. 1937

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