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KLAY v. PANETTA

No. 13-5081.

758 F.3d 369 (2014)

Ariana KLAY, et al., Appellants v. Leon E. PANETTA, Former Secretary of Defense, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 2014.

Attorney(s) appearing for the Case

Susan L. Burke argued the cause and filed the brief for appellants.

Lowell V. Sturgill Jr. , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Stuart F. Delery , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Barbara L. Herwig , Attorney.

Concurring Opinion filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

Plaintiffs are current or former members of the United States Navy and Marine Corps who allege that they were raped, sexually assaulted, or sexually harassed by their fellow Sailors and Marines, only to suffer retaliation from their superiors for reporting their plight. Their appeal is both difficult and easy. Difficult, because it involves shocking allegations that members of this nation's armed forces who put themselves at risk to protect...

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