PDS CONSULTANTS, INC. v. U.S.

2017-2379, 2017-2512.

907 F.3d 1345 (2018)

PDS CONSULTANTS, INC., Plaintiff-Appellee v. UNITED STATES, Winston-Salem Industries for the Blind Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: October 17, 2018.


Attorney(s) appearing for the Case

DAVID S. GALLACHER , Sheppard Mullin Richter & Hampton LLP, Washington, DC, argued for plaintiff-appellee. Also represented by EMILY SUSAN THERIAULT .

CORINNE ANNE NIOSI , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant United States. Also represented by ROBERT EDWARD KIRSCHMAN, JR. , DOUGLAS K. MICKLE , CHAD A. READLER .

JOANNE L. ZIMOLZAK , LeClairRyan, Washington, DC, argued for defendant-appellant Winston-Salem Industries For The Blind. Also represented by JAMES K. KEARNEY , GARY H. NUNES , JOSHUA L. RODMAN , Womble Bond Dickinson (US) LLP, Tysons Corner, VA; JESSICA C. ABRAHAMS , Drinker Biddle & Reath LLP, Washington, DC.

TRACYE WINFREY HOWARD , Wiley Rein LLP, Washington, DC, for amicus curiae National Industries For The Blind. Also represented by STEPHEN JOSEPH OBERMEIER .

THOMAS SAUNDERS , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for amici curiae Kingdomware Technologies, Inc., National Veteran Small Business Coalition, American Legion. Also represented by EDWARD HENDERSON WILLIAMS, II.

CRAIG HOLMAN , Arnold & Porter Kaye Scholer LLP, Washington, DC, for amicus curiae SourceAmerica. Also represented by NATHANIEL EDWARD CASTELLANO .

DAVID R. JOHNSON , Vinson & Elkins LLP, Washington, DC, for amicus curiae Goodwill Industries International, Inc.

DANA B. PASHKOFF , Drinker Biddle & Reath LLP, Washington, DC, for amicus curiae National Association for the Employment of People Who Are Blind.

RAECHEL KEAY KUMMER , Morgan, Lewis & Bockius LLP, Washington, DC, for amici curiae Melwood Horticultural Training Center, Inc., Melwood Veterans Services, LLC, Linden Resources, Inc.

Before Prost, Chief Judge, O'Malley and Stoll, Circuit Judges.


This case concerns the relationship between two statutory regimes designed to benefit two historically disadvantaged groups: veterans and disabled persons. The United States and Winston-Salem Industries for the Blind ("Industries for the Blind") (together, "Appellants") appeal...

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