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ASSOCIATED GENERAL CONTRACTORS OF OHIO v. DRABIK

No. 98-4393.

214 F.3d 730 (2000)

ASSOCIATED GENERAL CONTRACTORS OF OHIO, INC.; Associated General Contractors of Northwest Ohio, Inc., Plaintiffs-Appellees, v. Sandra A. DRABIK, Director, Department of Administrative Services; Reginald Wilkinson, Director of Rehabilitation and Correction, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 1, 2000

Attorney(s) appearing for the Case

Kevin R. McDermott (argued and briefed), Schottenstein, Zox & Dunn, Columbus, Ohio, for Appellees.

Judith L. French (argued and briefed), Karen L. Killian (briefed), Office of the Attorney General of Ohio, Columbus, Ohio, for Appellants.

James L. Hardiman (briefed), Hardiman, Buchanan, Howland & Trivers, Cleveland, Ohio, Michele R. Comer (briefed), Cleveland, Ohio, Norman C. Amaker (briefed), Loyola University of Chicago School of Law, Chicago, Illinois, Vincene Verdun (briefed), Ohio State College of Law, Columbus, Ohio, for Amici Curiae.

Before: KENNEDY, RYAN, and BOGGS, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

Associated General Contractors of Ohio, and Associated General Contractors of Northwest Ohio ("Plaintiffs-Appellees"), representing Ohio building contractors, sued to stop the award of a construction contract for the Toledo Correctional Facility to a minority-owned business ("MBE"), in a bidding process from which non-minority-owned firms were statutorily excluded under Ohio's Minority Business Enterprise Act ("MBEA"). Plaintiffs...

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