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SCHMIDT v. OAKLAND UNIFIED SCHOOL DIST.

No. 80-4005.

662 F.2d 550 (1981)

Johann SCHMIDT and Leland Pollard, Individually and Doing Business as Schmidt & Pollard, a Partnership; Jot Brown, Luz Brown, and Jot Brown, Inc., a California corporation, Plaintiffs-Appellants, v. OAKLAND UNIFIED SCHOOL DISTRICT, Oakland Board of Education, David Tucker, Jr., Melvin J. Caughell, Charles W. Goady, Barney E. Hilburn, Lorenzo N. Hoopes, Seymour M. Rose, and Peggy Stinnett, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 5, 1981.

Attorney(s) appearing for the Case

Roger J. Marzulla, Matthews & Marzulla, San Jose, Cal., for plaintiffs-appellants.

Michales S. Sorgen, Oakland, Cal., for defendants-appellees.

Before SKOPIL, FLETCHER and FARRIS, Circuit Judges.

FLETCHER, Circuit Judge:

At issue in this appeal is the validity of an affirmative action plan (AAP) applicable to general contractors who submit bids for construction contracts solicited by the Oakland Unified School District (School District). Under Cal.Educ.Code § 39640, a school district must award to the "lowest responsible bidder" any contract for work involving more than $12,000. The School District has adopted...

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