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TDY HOLDINGS, LLC v. U.S.

No. 15-56483.

872 F.3d 1004 (2017)

TDY HOLDINGS, LLC; TDY Industries, LLC, Plaintiffs-Appellants, v. UNITED STATES of America; United States Department of Defense; Ashton B. Carter, in his official capacity as Secretary of Defense, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 4, 2017.

Attorney(s) appearing for the Case

Randall M. Levine (argued), Douglas A. Hastings , and Bryan M. Killian , Morgan Lewis & Bockius LLP, Washington, D.C.; James J. Dragna , Morgan Lewis Bockius LLP, Los Angeles, California; for Plaintiffs-Appellants.

Rachel E. Heron (argued), Dustin J. Maghamfar , Mark A. Rigau , Lewis M. Barr , Ellen J. Durkee , and Aaron P. Avila , Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Eric B. Wolff , Alexander M. Fenner , and Mark W. Schneider , Perkins Coie LLP, Seattle, Washington; Shane R. Swindle , Perkins Coie LLP, Phoenix, Arizona; for Amicus Curiae National Defense Industrial Association.

Concurrence by Judge Watford.

OPINION

Plaintiffs-Appellants TDY Holdings, LLC, TDY Industries, LLC, and its predecessor, the Ryan Aeronautical Company (collectively, TDY), operated a forty-four-acre aeronautical manufacturing plant located in San Diego, California, from 1939 to 1999. TDY derived between 90 and 99 percent of its business from...

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