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ROLE MODELS AMERICA, INC. v. GEREN

No. 06-5294.

514 F.3d 1308 (2008)

ROLE MODELS AMERICA, INC., Appellant v. Pete GEREN, Secretary of the Army and Margaret Spellings, Secretary of Education, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 5, 2008.

Attorney(s) appearing for the Case

Gary M. Hnath argued the filed the briefs for appellant.

Brian C. Balch-ate, Special Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig, Lawrence, Assistant U.S. Attorney. Kevin K. Robitaille, Assistant U.S. Attorney, entered an appearance.

Before: RANDOLPH, GRIFFITH and KAVANAUGH, Circuit. Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Role Models America, Inc. brought suit under the Defense Base Closure and Realignment Act of 1990, 104 Stat. 1808 (codifled as amended at 10 U.S.C. § 2687 note),1 the National Historic Preservation Act, 16 U.S.C. § 470 et seq., and the Administrative Procedure Act, 5 U.S.C. § 702 et seq., to enjoin the. Secretary of the...

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