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ASSOCIATION OF CIVILIAN TECHNICIANS, INC. v. U.S.

No. 09-5153.

603 F.3d 989 (2010)

ASSOCIATION OF CIVILIAN TECHNICIANS, INC., et al., Appellants v. UNITED STATES of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 30, 2010.

Attorney(s) appearing for the Case

Daniel M. Schember argued the cause and filed the briefs for appellants.

Kathryn A. Donnelly, Special Assistant U.S. Attorney, argued the cause for appellees. With her on the brief was R. Craig Lawrence, Assistant U.S. Attorney. Lanny J. Acosta, Jr., Special Assistant U.S. Attorney, entered an appearance.

Concurring opinion by Senior Circuit Judge WILLIAMS.

ROGERS, Circuit Judge:

Four former civilian technician members of the Puerto Rico Army National Guard ("PRANG") joined two labor organizations (collectively the "Guardsmen") in contending the district court erred in upholding the policy and practice of the United States, the Secretary of the Army, and the Chief of the National Guard Bureau (collectively "the United States") of recommending, rather than ordering, reinstatement of discharged members of a state National...

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