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ROTHE DEVELOPMENT CORP. v. DEPARTMENT OF DEFENSE

No. 04-1552.

413 F.3d 1327 (2005)

ROTHE DEVELOPMENT CORPORATION, Plaintiff-Appellant, v. DEPARTMENT OF DEFENSE and Department of the Air Force, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 28, 2005.

Attorney(s) appearing for the Case

David F. Barton, The Gardner Law Firm, of San Antonio, Texas, argued for plaintiff-appellant. With him on the brief was Jay K. Farwell.

David White, Attorney, Appellate Section, Civil Rights Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief were R. Alexander Acosta, Assistant Attorney General, Sheldon Bradshaw, Deputy Assistant Attorney General, and David K. Flynn, Chief.

John H. Findley, Pacific Legal Foundation, of Sacramento, California, for amici curiae Pacific Legal Foundation and Center for Equal Opportunity.

Before MICHEL, Chief Judge, NEWMAN and GAJARSA, Circuit Judges.

MICHEL, Chief Judge.

Rothe Development Corporation ("Rothe") appeals from the judgment of the United States District Court for the Western District of Texas. The primary issue in this appeal is the district court's grant of summary judgment to the United States Department of Defense and the United States Department of the Air Force (collectively, the "government") on Rothe's claim of facial unconstitutionality as to the presently applicable, 2002 reauthorization of...

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