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AMERICAN FEDERATION OF GOVERNMENT EMP. v. U.S.

No. 02-5142.

330 F.3d 513 (2003)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, et al., Appellants, v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 6, 2003.

Attorney(s) appearing for the Case

Anne M. Wagner argued the cause for appellants. With her on the brief was Mark Roth.

Sarah E. Harrington, Attorney, U.S. Department of Justice, argued the cause for the federal appellees. With her on the brief was Mark L. Gross, Attorney.

Harvey A. Levin argued the cause and filed the brief for appellees Chugach Management Services Joint Venture, et al.

Before: RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Section 8014 of the Defense Appropriations Act for fiscal year 2000 granted an outsourcing preference for firms "under 51 percent Native American ownership," Pub.L. No. 106-79, § 8014(3), 113 Stat. 1212, 1234 (1999). The question is whether this preference constituted racial discrimination in violation of the Fifth Amendment's Due Process Clause.

Plaintiffs are the...

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