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AMNESTY INTERN. USA v. CLAPPER

No. 09-4112-cv.

667 F.3d 163 (2011)

AMNESTY INTERNATIONAL USA et al., Plaintiffs-Appellants, v. James R. CLAPPER, Jr. et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

September 21, 2011.

Attorney(s) appearing for the Case

Jameel Jaffer , American Civil Liberties Union Foundation, New York, N.Y. ( Melissa Goodman and Laurence M. Schwartztol , American Civil Liberties Union Foundation, New York, NY; Christopher T. Dunn and Arthur N. Eisenburg , New York Civil Liberties Union Foundation, New York, NY; Charles S. Sims , Theodore K. Cheng , Matthew J. Morris , Proskauer Rose LLP, New York, NY), for Appellants.

Douglas N. Letter and Daniel J. Lenerz , Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C. ( Tony West , Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C.; Preet Bharara , United States Attorney for the Southern District of New York, New York, NY, Sarah S. Normand and Serrin Turner , Assistant United States Attorneys for the Southern District of New York, New York, NY), for Appellees.

PETER W. HALL, Circuit Judge, dissents by opinion from the denial of rehearing in banc.

ORDER

Following disposition of this appeal on March 21, 2011, Defendants-Appellees James R. Clapper, Jr. et al. filed a petition for rehearing in banc. A poll of the active members of the Court having been conducted, and there being no majority favoring in banc review, rehearing in banc is hereby DENIED.

GERARD E. LYNCH, Circuit Judge, concurring in the denial of rehearing en banc:

While I usually consider opinions...

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