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NISH v. COHEN

No. 00-1632.

247 F.3d 197 (2001)

NISH; Goodwill Services, Incorporated, Plaintiffs-Appellants, v. William S. COHEN, Secretary of Defense; Louis Caldera, Secretary of the Army, Defendants-Appellees, Randolph-Sheppard Vendors of America; American Council of The Blind; National Educational and Legal Services for the Blind; Virginia Facilities Vendors; National Federation of the Blind; State of Texas, ex rel Texas Commission for the Blind; State of Oklahoma, ex rel Oklahoma Department of Rehabilitation Services, Intervenors-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: April 18, 2001.

Attorney(s) appearing for the Case

ARGUED: John S. Pachter, Smith, Pachter, McWhorter & D'Ambrosio, P.L.C., Vienna, Virginia, for Appellants.

Jeffrica Jenkins Lee, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellees. Cohen, et al.; Andrew David Freeman, Brown, Goldstein & Levy, L.L.P., Baltimore, Maryland, for Appellees Randolph-Sheppard, et al.

ON BRIEF: Joseph C. Luman, Christopher Wheeler, Luman, Lange & Wheeler, Washington, D.C., for Appellants.

David W. Ogden, Assistant Attorney General, Helen F. Fahey, United States Attorney, William Kanter, United States Department of Justice, Washington, D.C., for Appellees Cohen, et al. John P. Rowley, III, Christopher P. Yukins, David S. Black, Holland & Knight, L.L.P., Falls Church, Virginia; Peter A. Nolan, Sheinfeld, Maley & Kay, P.C., Austin, Texas, for Appellees Randolph-Sheppard, et al.

Before TRAXLER and KING, Circuit Judges, and Terrence W. BOYLE, Chief United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge TRAXLER and Chief Judge BOYLE concurred.

OPINION

KING, Circuit Judge:

In this action arising in the Eastern District of Virginia, plaintiffs NISH and Goodwill Services, Incorporated (collectively "NISH"), appeal the district court's award of summary judgment to Secretary of Defense Cohen and Secretary of the Army Caldera ("Secretaries"), the defendants below. NISH sought...

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