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INTRACOMM, INC. v. BAJAJ

Nos. 06-1516, 06-1539.

492 F.3d 285 (2007)

INTRACOMM, INCORPORATED; Baback Habibi, Plaintiffs-Appellants, v. Ken S. BAJAJ; Jack Pearlstein; Steven L. Hanau; Digitalnet Holdings, Incorporated; Bae Systems North America; Bae Systems Information Technology, LLC, formerly known as Digitalnet Government Solutions, LLC; Bae Systems IT Holdings, Incorporated, formerly known as Digitalnet Holdings, Incorporated, Defendants-Appellees, and National Institutes of Health, Party in Interest. United States Department of Labor, Amicus Curiae. Intracomm, Incorporated; Baback Habibi, Plaintiffs-Appellees, v. Bae Systems Information Technology, LLC, formerly known as Digitalnet Government Solutions, LLC, Defendant-Appellant, and Ken S. Bajaj; Jack Pearlstein; Steven L. Hanau; Digitalnet Holdings, Incorporated; Bae Systems North America; Bae Systems IT Holdings, Incorporated, formerly known as Digitalnet Holdings, Incorporated, Defendants, and National Institutes of Health, Party in Interest. United States Department of Labor, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: July 5, 2007.

Attorney(s) appearing for the Case

ARGUED: Brad D. Weiss, Charapp & Weiss, L.L.P., McLean, Virginia, for Appellants/Cross-Appellees. John Francis Scalia, Greenberg & Traurig, L.L.P., McLean, Virginia, for Appellees/Cross-Appellant. ON BRIEF: Stephen F. Varholy, Charapp & Weiss, L.L.P., McLean, Virginia, for Appellants/Cross-Appellees. Kevin B. Bedell, Greenberg & Traurig, L.L.P., McLean, Virginia, for Appellees/Cross-Appellant. Jonathan L. Snare, Acting Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Paul L. Frieden, for Appellate Litigation, Joanna Hull, Attorney, United States Department of Labor, Office of the Solicitor, Washington, D.C., for the Secretary of Labor, Amicus Curiae.

Before SHEDD and DUNCAN, Circuit Judges, and SAMUEL G. WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge SHEDD and Judge WILSON concurred.

OPINION

DUNCAN, Circuit Judge:

IntraComm, Inc. and Baback Habibi (collectively, "Appellants") appeal the district court's grant of summary judgment in favor of Ken Bajaj, Jack Pearlstein, Steven Hanau, and corporate defendants DigitalNet Holdings, Inc., BAE Systems North America, BAE Systems Information Technology, LLC, and BAE Systems...

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