No. 07-7050.United States Court of Appeals, District of Columbia Circuit.
Filed On: August 22, 2007.
BEFORE: Sentelle, Rogers, and Brown, Circuit Judges.
Upon consideration of the motion to dismiss or for summary affirmance, the opposition 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). It is.
FURTHER ORDERED that the motion to dismiss be referred to the merits panel to which this appeal is assigned. The parties are directed to address in their briefs the issues presented in the motion to dismiss rather than incorporate those arguments by reference.
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.