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VALLEY CONST. CO. v. MARSH

No. 82-4270.

714 F.2d 26 (1983)

VALLEY CONSTRUCTION COMPANY, Fordice Construction Company and Four "F" Corporation, Plaintiffs-Appellants, v. John O. MARSH, Secretary of the Army of the United States, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 6, 1983.

Attorney(s) appearing for the Case

Lee Davis Thames, Luther T. Munford, Jackson, Miss., for Fordice Const. Co.

Hunter M. Gholson, Columbus, Miss., for Valley Const. Co.

Wm. Bradford Reynolds, Asst. Atty. Gen., Dennis J. Dimsey, Brian K. Landsberg, Attys., Civil Rights Div., Dept. of Justice, Washington, D.C., George Phillips, U.S. Atty., Jackson, Miss., for defendants-appellees.

Before THORNBERRY, GEE and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge.

The Army Corps of Engineers (Corps) participates in a government program designed to encourage minority-operated government contractors. In 1981, the Corps set aside all of its eleven available construction contracts in the Vicksburg, Mississippi area for assignment to minority enterprises under this program. Three non-minority construction contractors filed this suit against the Corps and its senior officers, charging that the Corps...

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