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IMAGINEERING, INC. v. KIEWIT PACIFIC CO.

No. 91-35970.

976 F.2d 1303 (1992)

IMAGINEERING, INC., a Washington corporation; Knighten Bros. Construction, Inc., a Washington corporation, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. KIEWIT PACIFIC COMPANY, a Delaware corporation; Kiewit Construction Company, a Delaware corporation; and Peter Kiewit Sons', Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 7, 1992.

Attorney(s) appearing for the Case

Richard T. Colman, Michael Hennigan and Robert B. Ericson, Howrey & Simon, Los Angeles, Cal., for plaintiffs-appellants.

Irwin H. Schwartz and Sheryl Gordon McCloud, Seattle, Wash., for defendants-appellees.

Before: WRIGHT, BEEZER, and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

This case involves an appeal from the district court's dismissal of the plaintiffs' complaint for failure to state a claim. 759 F.Supp. 1498. Fed.R.Civ.P. 12(b)(6). A plaintiff class of minority and woman-owned business enterprises ("MWBEs") appeal the dismissal of its action against Kiewit Pacific Company, Kiewit Construction Company, and Peter Kiewit Sons', Inc. ("Kiewit"), who are prime contractors, challenging...

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