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ROTHE DEVELOPMENT CORP. v. U.S. DEPT. OF DEFENSE

Civil Action No. SA-98-CV-1011-XR.

606 F.Supp.2d 648 (2009)

ROTHE DEVELOPMENT CORPORATION, Plaintiff, v. The U.S. DEPARTMENT OF DEFENSE and The U.S. Department of Air Force, Defendants.

United States District Court, W.D. Texas, San Antonio Division.

February 27, 2009.

Attorney(s) appearing for the Case

David Franklin Barton, The Gardner Law Firm, San Antonio, TX, Karen D. Woodard, U.S. Department of Justice, Washington, DC, for Plaintiffs.

Karen D. Woodard, U.S. Department of Justice, Washington, DC, Craig A. Gargotta, U.S. Bankruptcy Judge, Austin, TX, for Defendants.

ORDER

XAVIER RODRIGUEZ, District Judge.

On this date, the Court considered the Government's motion for entry of injunctive order (docket no. 364).

Background

This case concerns the constitutionality of Section 1207 of the National Defense Authorization Act of 1987 (the "1207 Program" or the "Act"), Pub.L. No. 99-661, 100 Stat. 3859, 3973 (1986) (as amended), codified at 10 U.S.C. § 2323, which permits the United States Department of...

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