McDONNELL DOUGLAS CORP. v. U.S.

Attorney(s) appearing for the Case

Charles J. Cooper, Cooper & Kirk, PLLC, of Washington, DC, argued for plaintiff-appellant McDonnell Douglas Corporation. With him on the brief were Michael W. Kirk, Howard C. Nielson, Jr. and D. John Sauer. Of counsel on the brief were Caryl A. Potter, III, and Elizabeth A. Ferrell, Sonnenschein, Nath & Rosenthal, LLP, of Washington, DC; and J. Michael Luttig, The Boeing Company, of Chicago, IL.

Donald B. Verrilli, Jr., Jenner & Block, LLP, of Washington, DC, argued for plaintiff-appellant General Dynamics Corporation. With him on the brief were David A. Churchill; and Linda L. Listrom, of Chicago, IL.

Bryant G. Snee, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director. Of counsel was Kirk T. Manhardt, Deputy Director. Of counsel on the brief were Wendell A. Kjos and Mark A. Romano, Office of the General Counsel, United States Department of the Navy, of Arlington, VA.

Gregory A. Smith, Cooley Godward Kronish LLP, of Reston, VA, for amicus curiae National Defense Industrial Association. With him on the brief was David E. Fletcher, of Washington, DC. Of counsel on the brief was Ralph C. Nash, Jr., George Washington University Law School, of Washington, DC.

Before MICHEL, Chief Judge, MOORE, Circuit Judge, and HUFF, District Judge.