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AMERICAN FEDERATION OF GOVERNMENT v. GATES

No. 06-5113.

486 F.3d 1316 (2007)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, et al., Appellees v. Robert M. GATES, Secretary of Defense, in his Official Capacity and Linda M. Springer, Director, in her Official Capacity, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 18, 2007.

Attorney(s) appearing for the Case

William G. Kanter, Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, Thomas M. Bondy, Lewis S. Yelin, and Eric Fleisig-Greene, Attorneys, Frank R. Jimenez and Michael E. Reheuser, Attorneys, Department of Defense, and David B. Scholl and Robin M. Richardson, Attorneys, Office of Personnel Management. Joseph W. LoBue and Tara L. Grove, Attorneys, U.S. Department of Justice, entered appearances.

Joe Goldberg argued the cause for appellees. With him on the brief were Mark D. Roth, Susan Tsui Grundmann, Sally M. Tedrow, Keith R. Bolek, and Daniel M. Schember. Charles A. Hobbie entered an appearance.

Gregory O'Duden, Elaine Kaplan, Larry J. Adkins, and Robert H. Shriver III were on the brief for amicus curiae National Treasury Employees Union in support of appellees. Barbara A. Atkin entered an appearance.

Before: TATEL and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge KAVANAUGH, in which Senior Circuit Judge WILLIAMS joins.

Dissenting opinion filed by Circuit Judge TATEL.

KAVANAUGH, Circuit Judge.

This case arises out of a contentious dispute over the collective bargaining rights of hundreds of thousands of civilian employees of the Department of Defense. Our limited judicial task is to determine whether the Department of Defense has acted consistently with its statutory...

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