| History: |
DynaLantic Corporation is a New York company formed in 1984 that designs and manufactures aircraft, submarine, ship, and other simulators and training devices, which it provides to the U.S. Department of Defense, particularly the U.S. Navy and the U.S. Army. Because it is a “small business,” its main competitors are companies that are entitled to a racial preference. In 1995, after DynaLantic lost a bid on a Navy helicopter simulator due to the racial preferences provided minority contractors, it sued. MSLF filed a brief in support of DynaLantic, however, its lawsuit was dismissed for lack of standing. Later, the U.S. Court of Appeals for the District of Columbia reversed. After cross-motions for summary judgment were filed, the Court requested that those amici that filed briefs in 1996 do so again. DynaLantic is represented by the Center for Individual Rights.
On January 20, 2005, MSLF filed its friend of the court brief, to which the parties responded.
On August 23, 2007, the Court denied the summary judgment motions of both sides, stating that because it lacked information on the Congress's 2006 reauthorization of the Small Business program it could not make a decision. It ordered the parties to brief the 2006 reauthorization.
On November 30, 2007, the parties completed additional briefing of Congress's 2006 reauthorization of the Small Business progam. On October 23, 2009, the court ordered the parties to supplement the record to include pertinent materials considered by Congress subsequent to the reauthorization of 10 U.S.C. § 2323 on January 6, 2006.
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