NATIONAL FEDERATION OF FEDERAL EMPLOYEES v. U.S.

No. 90-5004.

905 F.2d 400 (1990)

NATIONAL FEDERATION OF FEDERAL EMPLOYEES, et al., Appellants, v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 5, 1990.


Attorney(s) appearing for the Case

Anne L. Morgan, with whom H. Stephan Gordon and Alice L. Bodley, Washington, D.C., were on the brief, for appellants.

Charles R. Schmadeke, Springfield, Ill., of the Bar of the Supreme Court of Illinois, pro hac vice, by special leave of the Court, for amicus curiae, urging that this Court declare the Base Closure and Realignment Act unconstitutional.

Scott R. McIntosh, Atty., U.S. Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., U.S. Dept. of Justice, Jay B. Stephens, U.S. Atty., U.S. Dept. of Justice, and Douglas N. Letter, Atty., U.S. Dept. of Justice, Washington, D.C., were on the brief, for appellees.

Before WALD, Chief Judge, and MIKVA and BUCKLEY, Circuit Judges.


Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

The National Federation of Federal Employees ("NFFE") and Roessler Construction Company ("Roessler") appeal a final judgment of the district court, 727 F.Supp. 17, dismissing a suit against the United States and the Secretary of Defense ("Secretary"). NFFE and Roessler brought suit to enjoin the Department of Defense from closing or realigning any of 145...

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