ROTHE DEV. CORP. v. U.S. DEPT. OF DEFENSE

No. 00-1171.

262 F.3d 1306 (2001)

ROTHE DEVELOPMENT CORPORATION, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF DEFENSE and United States Department of the Air Force, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided August 20, 2001.


Attorney(s) appearing for the Case

David F. Barton, The Gardner Law Firm, of San Antonio, Texas, argued for plaintiff-appellant. With him on the brief were R. Wes Johnson, and Kevin M. Warburton.

Gregory B. Friel, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief was Mark L. Gross, Attorney.

John G. Roberts, Jr., Hogan & Hartson L.L.P., of Washington, DC, for amicus curiae The Associated General Contractors of America, Inc. With him on the brief were David G. Leitch, and H. Christopher Bartolomucci. Of counsel on the brief was Michael E. Kennedy, General Counsel, The Associated Contractors of America, Inc., of Alexandria, Virginia.

John H. Findley, Pacific Legal Foundation, of Sacramento, California, for amicus curiae Pacific Legal Foundation.

Philip Allen Lacovara, Mayer, Brown & Platt, of New York, New York, for amici curiae Asian American Legal Defense and Education Fund, Et. Al. With him on the brief were Norman R. Williams, II, and Andrew H. Schapiro. Of counsel was Carolyn B. Greenwald.

Before MICHEL, CLEVENGER, and GAJARSA, Circuit Judges.


MICHEL, Circuit Judge.

This federal contract case concerns the constitutionality of § 1207 of the National Defense Authorization Act of 1987 ("the 1207 program"), Pub.L. No. 99-661, 100 Stat. 3859, 3973 (1986) (as amended), codified at 10 U.S.C. § 2323 (1994), which permits the United States Department of Defense ("DOD") to preferentially select bids submitted by small businesses owned by socially and economically disadvantaged individuals ("SDBs"). The...

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