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MAEHR v. U.S. DEPT. OF STATE

No. 20-1124.

5 F.4th 1100 (2021)

Jeffrey T. MAEHR, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF STATE, including Secretary of State Antony Blinken, in his official capacity, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed July 20, 2021.

Attorney(s) appearing for the Case

Bennett L. Cohen ( Sean R. Gallagher and Megan E. Harry with him on the briefs), Polsinelli PC, Denver, CO, for Plaintiff-Appellant.

Kathleen E. Lyon , Attorney ( Richard E. Zuckerman , Principal Deputy Assistant Attorney General, Joshua Wu , Deputy Assistant Attorney General, Francesca Ugolini , Attorney, Arthur T. Catterall , Attorney, and Jason R. Dunn , United States Attorney with her on the brief), Tax Division, U.S. Department of Justice, Washington, D.C., for Defendant-Appellee.

Before MATHESON, Circuit Judge, LUCERO, Senior Circuit Judge, and PHILLIPS, Circuit Judge.

In this appeal, we affirm the judgment of the district court. This disposition is addressed in two opinions: one by Judge Lucero, and one by Judge Matheson.

Parts I, II, and III of Judge Lucero's opinion constitute the unanimous opinion of the court. Part I provides relevant background. Part II concludes the district court had subject...

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