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RAY BAILLIE TRASH HAULING, INC. v. KLEPPE

No. 72-1163.

477 F.2d 696 (1973)

RAY BAILLIE TRASH HAULING, INC., et al., Plaintiffs-Appellees, v. Thomas S. KLEPPE, Administrator, Small Business Administration, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 18, 1973.

Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Chief, Civil Div., Clemens Hagglund, Asst. U. S. Atty., Miami, Fla., John N. Mitchell, U. S. Atty. Gen., Dept. of Justice, Thomas S. Kleppe, Administrator, S. B. A., Walter H. Fleischer, Joseph B. Scott, Dept. of Justice, Washington, D. C., for defendants-appellants.

Alexander Boskoff, Washington, D. C., Bernard Jaffe, Miami, Fla., for plaintiffs-appellees.

Before WISDOM, THORNBERRY and GODBOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 18, 1973.

WISDOM, Circuit Judge:

On reconsideration sua sponte, we withdraw our opinion dated January 5, 1973 and issue the following opinion.

* * *

In this case the plaintiffs attack the Small Business Administration's program for awarding government procurement contracts to small business concerns owned by "socially or economically disadvantaged persons." 13 C.F.R. § 124.8-1(c). The district...

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