COALITION FOR COMMON SENSE v. VETERANS AFFAIRS

No. 05-7130.

464 F.3d 1306 (2006)

THE COALITION FOR COMMON SENSE IN GOVERNMENT PROCUREMENT, (doing business as The Coalition for Government Procurement), Petitioner, v. SECRETARY OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

September 11, 2006.


Attorney(s) appearing for the Case

Donna Lee Yesner, McKenna Long & Aldridge LLP, of Washington, DC, argued for petitioner. With her on the brief were Joanne L. Zimolzak and Jeniffer M. De Jesus.

Kyle Chadwick, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General and David M. Cohen, Director. Of counsel on the brief were Melbourne A. Noel, Jr., Senior Contracts Attorney, Office of General Counsel, United States Department of Veterans Affairs, of Hines, Illinois; John A. Casciotti, Associate Deputy General Counsel, Office of General Counsel, United States Department of Defense, of Washington, DC; and Gerald A. Wesley, Associate General Counsel, Defense Legal Services Agency, United States Department of Defense, of Aurora, Colorado.

Before RADER, SCHALL, and LINN, Circuit Judges.


SCHALL, Circuit Judge.

Pursuant to 38 U.S.C. § 502, the Coalition for Common Sense in Government Procurement ("Coalition") petitions for review of the October 14, 2004 letter ("the Dear Manufacturer letter") of the Department of Veterans Affairs ("VA").1 The Coalition is a multi-industry association representing over 300 companies, including pharmaceutical companies, which provide products and services that are procured by the federal...

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