NISH v. C
Affirmed by published opinion. Judge King wrote the opinion, in
which Judge Traxler and Chief Judge Boyle concurred.
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, SHEIN-
FELD, MALEY & KAY, P.C., Austin, Texas, for Appellees
Randolph-Sheppard, et al.
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 a declaratory judgment with
respect to the proper interpretation of the Randolph-Sheppard Act
("RS Act"), particularly its applicability to the operation of military
mess hall facilities at Fort Lee, Virginia. The district court concluded
that the RS Act applies to the operation of such facilities, and there-
fore NISH was not entitled to negotiate the contract for mess hall ser-
vices at Fort Lee. For the reasons set forth below, we affirm.