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ROSSETTI CONTRACTING COMPANY, INC. v. BRENNAN

Nos. 74-1850, 74-1851 and 74-1853.

508 F.2d 1039 (1975)

ROSSETTI CONTRACTING COMPANY, INC., Plaintiff-Appellee, v. Peter J. BRENNAN, Secretary of Labor, and Environmental Protection Agency, Defendants-Appellants, and John McElwain, President, Board of Trustees, Hinsdale Sanitary District, DuPage Country, Defendant-Appellant, and Hinsdale Sanitary District, DuPage County, Defendant-Appellant, and Loitz Brothers Construction Co., Inc., Intervening Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 30, 1974.

Opinion January 9, 1975.

Attorney(s) appearing for the Case

James R. Thompson, U. S. Atty., Gary L. Starkman and Martin B. Lowery, Asst. U. S. Attys., Chicago, Ill., Louis R. Main, Hinsdale, Ill., Peter B. Carey, Chicago, Ill., for defendants-appellants.

James E. O'Halloran, Jr., Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, PELL and SPRECHER, Circuit Judges.

FAIRCHILD, Circuit Judge.

This appeal presents the issue of whether a bidder on a federally assisted construction contract who fails to submit with his bid the appropriate commitment required by the "Chicago Plan" for minority hiring,1 may amend his bid submission subsequent to the opening of the bid so as to qualify as a responsive bidder.

On May 10, 1974, appellant Hinsdale Sanitary District, an Illinois Municipal Corporation...

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