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WATERS v. RUMSFELD

Nos. 01-5374 & 01-5375.

320 F.3d 265 (2003)

Mary R. WATERS, et al., Appellants, v. Donald H. RUMSFELD, Secretary, U.S. Department of Defense and Robert J. Corter, Jr., Major General, Director, U.S. Defense Commissary Agency, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 28, 2003.

Attorney(s) appearing for the Case

Claude D. Convisser argued the cause and filed the briefs for appellants.

Stratton C. Strand, Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.

Before: GINSBURG, Chief Judge, and EDWARDS and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

The plaintiffs in this case filed actions against the Secretary of Defense and the Director of the Defense Commissary Agency on behalf of themselves and a class of more than 9,000 people who bag and carry groceries for customers at United States military commissaries around the world. We affirm the district court's denial of the plaintiffs' request to declare an act of Congress unconstitutional...

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