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BLITZ v. NAPOLITANO

No. 11-2283.

700 F.3d 733 (2012)

Jonathan BLITZ and Marla Tuchinsky, individually and as legal guardians of EB, their minor child, Plaintiffs-Appellants, v. Janet NAPOLITANO, in her official capacity as Secretary of Homeland Security; John S. Pistole, in his official capacity as the Administrator of the Transportation Security Administration, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 30, 2012.

Attorney(s) appearing for the Case

ARGUED: Jonathan Blitz , Durham, North Carolina, for Appellants. Sydney A.R. Foster , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Stuart F. Delery , Acting Assistant Attorney General, Mark B. Stern , Sharon Swingle , United States Department of Justice, Washington, D.C.; Ripley Eagles Rand , United States Attorney, Greensboro, North Carolina, for Appellees.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge FLOYD and Judge HARWELL joined.

OPINION

KING, Circuit Judge:

Jonathan Blitz, his wife Marla Tuchinsky, and their minor child EB (collectively, the "Plaintiffs") appeal from the district court's dismissal of their Complaint for declaratory and injunctive relief. In December 2010, the Plaintiffs initiated this proceeding in the Middle District of North Carolina against Janet Napolitano, as Secretary of Homeland Security, and John Pistole, as Administrator of the Transportation Security Administration...

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