Marcus L. McDaniel, Appellant v. Secretary of Agriculture, Appellee

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United States Court of Appeals, District of Columbia Circuit.

Marcus L. McDaniel, Appellant v. Secretary of Agriculture, Appellee

No. 16-5313

Decided: March 31, 2017

BEFORE: Kavanaugh, Millett, and Wilkins, Circuit Judges

ORDER

Upon consideration of the motion for summary affirmance, the corrected response thereto, and the reply, it is

ORDERED that the motion for summary affirmance be denied. The merits of the parties' positions are not so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam).

Because the court has determined that summary disposition is not in order, the Clerk is instructed to calendar this case for presentation to a merits panel.

Per Curiam