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RATTIGAN v. HOLDER

No. 10-5014.

689 F.3d 764 (2012)

Wilfred Samuel RATTIGAN, Appellee v. Eric H. HOLDER, Jr., Attorney General, United States Department of Justice, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 2012.

Attorney(s) appearing for the Case

Charles W. Scarborough , Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Tony West , Assistant U.S. Attorney, Ronald C. Machen Jr. , U.S. Attorney, and Marleigh D. Dover , Attorney. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Jonathan C. Moore argued the cause for appellee. With him on the brief was James R. Klimaski.

Dissenting opinion filed by Circuit Judge KAVANAUGH.

On Petition for Rehearing

TATEL, Circuit Judge:

Appellee, an employee of the FBI, alleges that FBI officials retaliated against him in violation of Title VII of the Civil Rights Act of 1964 when, by reporting unfounded security concerns to the Bureau's Security Division, they prompted an investigation into his continued eligibility for a security clearance. In our earlier opinion in this case, Rattigan v. Holder, 643 F.3d 975

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