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Congress has set up a special procedure which subjects every nonpaid appeal to an examination to determine if further briefing and oral argument are necessary.
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Judge Teel set a Dec. 5 deadline for both sides to file further briefs, and said he hoped to issue a decision by year's end.
BAA, the owner of Heathrow, Stansted, Edinburgh, Glasgow and Aberdeen airports, has convened a crisis support team to prepare for a reduction in flights, as airlines and airports await a further briefing from Eurocontrol and the UK air traffic controller, Nats.
Because the case has been improperly framed by the parties and cannot be resolved properly without further briefing, the Court should dismiss the writ as improvidently granted.
A palace spokesman said: "We are not giving any further briefing".
Ross' deposition, which remains on hold pending further briefing," she said in a statement.
"I advised in my previous answer on the afternoon of the Tuesday I received a further briefing.
A further briefing scheduled for December 15 was then cancelled at short notice while Swift considered his position.
"This is an unprecedented request that warrants further briefing," the presiding judge, Colleen Kollar-Kotelly wrote of the A.C.L.U.'s motion.
In the end, though, the court did not call for further briefing on that point or explain why it threw in the towel altogether.
"This is an unprecedented request that warrants further briefing," wrote U.S. District Judge Colleen Kollar-Kotelly, who serves as the intelligence court's presiding judge.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com