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SECRETARY OF STATE FOR DEFENCE v. TRIMBLE NAVIGATION LIMITED

No. 06-1062.

484 F.3d 700 (2007)

SECRETARY OF STATE FOR DEFENCE, as represented by the United Kingdom Ministry of Defence, Defence Procurement Agency, Plaintiff-Appellant, v. TRIMBLE NAVIGATION LIMITED, Defendant-Appellee. United States of America, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 10, 2007.

Attorney(s) appearing for the Case

ARGUED: Mark Douglas Colley, Holland & Knight, Washington, D.C., for Appellant. Alan Arnold Pemberton, Covington & Burling, Washington, D.C., for Appellee. Thomas Mark Bondy, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Amicus Supporting Appellee.

ON BRIEF: Richard O. Duvall, Jennifer A. Short, David B. Dempsey, Eric L. Yeo, Holland & Knight, McLean, Virginia, for Appellant. Eugene D. Gulland, Derron J. Blakely, Covington & Burling, Washington, D.C., for Appellee. Peter D. Keisler, Assistant Attorney General, Chuck Rosenberg, United States Attorney, Douglas N. Letter, Sushma Soni, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Amicus Supporting Appellee.

Before WIDENER, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge Gregory wrote the majority opinion, in which Judge Widener joined. Judge Traxler wrote a dissenting opinion.

OPINION

GREGORY, Circuit Judge:

The question before the Court is whether a foreign government is a third-party beneficiary of a contract for military goods between the United States and a domestic military contractor, where the foreign government agreed to purchase those goods from the United States under...

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