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EL-GANAYNI v. U.S. DEPT. OF ENERGY

No. 08-4745.

591 F.3d 176 (2010)

Abdel Moniem Ali EL-GANAYNI, Appellant v. UNITED STATES DEPARTMENT OF ENERGY; Jeffrey F. Kupfer, Acting Deputy Secretary of Department of Energy.

United States Court of Appeals, Third Circuit.

Filed: January 11, 2010.

Attorney(s) appearing for the Case

George E. McGrann, Paul H. Titus, Keith E. Whitson (argued), Schnader Harrison Segal & Lewis, Pittsburgh, PA, Witold J. Walczak, American Civil Liberties Union, Pittsburgh, PA, for Appellant.

Thomas M. Bondy, Beth S. Brinkmann (argued), United States Department of Justice, Washington, DC, Marcia Sowles, United States Department of Justice, Civil Division, Washington, DC, for Appellee.

Before: SMITH, FISHER, and STAPLETON, Circuit Judges.

OPINION

SMITH, Circuit Judge.

Dr. Abdel Moniem Ali El-Ganayni was fired from his job at Bettis Laboratory after the Department of Energy ("DOE") revoked his security clearance. El-Ganayni sued the DOE and its Acting Deputy Secretary Jeffrey Kupfer, claiming that the revocation of his clearance violated the United States Constitution and the Administrative Procedure Act ("APA"). The District Court dismissed all of his claims. El-Ganayni appeals. Because we...

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