ROTHE DEVELOPMENT, INC. v. U.S. DEPT. OF DEFENSE

Attorney(s) appearing for the Case

David F. Barton , San Antonio, TX, argued the cause and filed the briefs for appellant.

Meriem L. Hubbard , Ralph W. Kasarda , Sacramento, CA, and Joshua P. Thompson were on the brief for amici curiae Pacific Legal Foundation and Center for Equal Opportunity in support of appellant.

Steven J. Lechner , Denver, CO, was on the brief for amicus curiae Mountain States Legal Foundation in support of appellant.

Michael E. Rosman , Washington, DC, was on the brief for amicus curiae Center for Individual Rights in support of appellant.

Teresa Kwong , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief was Mark L. Gross , Attorney, Washington, DC. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Sherrilyn Ifill , New York, NY, Janai Nelson , Christina Swarns , and Daniel W. Wolff , Washington, DC, were on the brief for amici curiae NAACP Legal Defense and Educational Fund, Inc., Asian Americans Advancing Justice, AAJC, and the Leadership Conference of Civil and Human Rights in support of appellees.

Christine V. Williams was on the brief for amici curiae Native American Contractors Association, et al. in support of appellees.

Opinion concurring in part and dissenting in part filed by Circuit Judge HENDERSON