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OHIO CONTRACTORS ASS'N v. KEIP

No. 82-3822.

713 F.2d 167 (1983)

OHIO CONTRACTORS ASSOCIATION, et al., Plaintiffs-Appellees, v. William KEIP, et al., Defendants-Appellants, and National Association of Minority Contractors, et al., Intervening Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 12, 1983.

Rehearing Denied September 7, 1983.

Attorney(s) appearing for the Case

Robert B. McAlister (argued), Thomas L. Long, Alexander, Ebinger, Fisher, McAlister & Lawrence, Jessie C. Roberson, Columbus, Ohio, for Keip, et al.

Samuel H. Porter (argued), Fred G. Pressley, Jr., Jacquelin Davis Keister, Porter, Wright, Morris & Arthur, Columbus, Ohio, for National Ass'n of Minority Contractors, et al.

John C. Elam (argued), Tom Ridgley, Columbus, Ohio, for plaintiffs-appellees.

James H. Banks, David M. Bidwell, Banks, Bidwell Co., L.P.A., J. Statler Beachler, Columbus, Ohio, for amicus curiae NAACP.

Susan W. Wanat, John M. Cannon, Mid-America Legal Foundation, Chicago, Ill., for amicus curiae Mid-America Legal Foundation and Committee on Academic Nondiscrimination and Integrity.

Before LIVELY and ENGEL, Circuit Judges, and SWYGERT, Senior Circuit Judge.

LIVELY, Circuit Judge.

This appeal concerns the validity of an Ohio law which requires state officials to set aside designated percentages of state contracts for bidding by minority business enterprises only. The statute also requires contractors awarded state contracts to purchase a designated percentage of goods and services from minority businesses and to award a designated percentage of subcontracts to such businesses. An association of contractors and several...

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