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CENTER FOR BIO-ETHICAL REFORM, INC. v. NAPOLITANO

No. 10-1439.

648 F.3d 365 (2011)

CENTER FOR BIO-ETHICAL REFORM, INC., Gregg Cunningham, and Kevin Murray, Plaintiffs-Appellants, v. Janet NAPOLITANO, in her capacity as Secretary of the Department of Homeland Security, and Eric H. Holder, Jr., in his capacity as Attorney General of the United States, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 4, 2011.

Attorney(s) appearing for the Case

ARGUED: Robert Joseph Muise , Thomas More Law Center, Ann Arbor, Michigan, for Appellants. Chantale Fiebig , Assistant United States Attorney, Detroit, Michigan, for Appellees. ON BRIEF: Robert Joseph Muise , Thomas More Law Center, Ann Arbor, Michigan, for Appellants. Steven P. Croley , Assistant United States Attorney, Detroit, Michigan, for Appellees.

Before: COLE, CLAY, and GILMAN, Circuit Judges.

OPINION

CLAY, Circuit Judge.

In this action arising under the First and Fifth Amendments to the U.S. Constitution, Plaintiffs Center for Bio-Ethical Reform, Inc., Gregg Cunningham, and Kevin Murray appeal the district court's dismissal of their claims against Defendant Janet Napolitano, in her capacity as Secretary of the Department of Homeland Security, and Defendant Eric H. Holder, Jr., in his capacity as Attorney General of the United States, for failure...

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