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THOMAS v. NATIONAL SCIENCE FOUNDATION

No. 02-5169.

330 F.3d 486 (2003)

William THOMAS, et al., Appellees, v. NATIONAL SCIENCE FOUNDATION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 2003.

Attorney(s) appearing for the Case

Michael E. Robinson, Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and Michael J. Singer, Attorney, U.S. Department of Justice. R. Craig Lawrence and Lisa S. Goldfluss, Assistant U.S. Attorneys, entered appearances.

William H. Bode argued the cause for appellees. With him on the brief was Anne R. Noble.

Arthur B. Spitzer, Amanda Frost and Brian Wolfman were on the brief for amici curiae ACLU and Public Citizen, Inc., in support of appellees.

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

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In 1995, the National Science Foundation ("NSF"), the sole appellant before this court, and Network Solutions, Inc. ("NSI"), a private contractor, entered into an agreement which permitted NSI to collect fees for Internet registration services. NSI and NSF divided the fees 70%-30%, with NSF's 30% share deposited into an...

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