Aron Dibacco and Barbara Webster, Appellants v. The United States Department of the Army, et al., Appellees

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United States Court of Appeals, District of Columbia Circuit.

Aron Dibacco and Barbara Webster, Appellants v. The United States Department of the Army, et al., Appellees

No. 17-5048

    Decided: August 23, 2017

BEFORE: Henderson, Brown, and Srinivasan, Circuit Judges

ORDER

Upon consideration of the motion for summary affirmance, the 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

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