United States DC Circuit
AMFAC RESORTS, L.L.C. v. DEPT. OF INTERIOR, 01-5223
The National Parks Omnibus Management Act of 1998, repealing the preferential right of renewal and other rules governing concession contracts is facially valid, but a concessionaire's need to present evidence outside of the record in support of an as-applied regulation to National Park System regulations presents a material issue of fact precluding summary judgment.
Appellate Information
- Argued 11/06/2001
- Decided 03/01/2002
- Published 03/01/2002
Judges
- Before: RANDOLPH and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Kenneth S. Geller argued the cause for appellants. With him on the briefs were David M. Gossett, Mark H. Lynch, Robert A. Long Jr., Daniel F. Attridge, Robert R. Gasaway, Ashley C. Parrish, Edward J. Shapiro and Eric J. Wycoff.
- For Appellees:
- Marina Utgoff Braswell, Assistant U.S. Attorney, argued the cause for appellees. With her on the brief were Roscoe C. Howard Jr., U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, and Michael A. Carvin.