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STATE OF TENN. EX REL. LEECH v. DOLE

No. 83-5499.

749 F.2d 331 (1984)

STATE OF TENNESSEE ex rel. William M. LEECH, Jr., Attorney General & Reporter, Plaintiff-Appellee, v. Elizabeth H. DOLE, in her official capacity as Secretary, United States Department of Transportation; R. A. Barnhart, in his official capacity as Administrator, Federal Highway Administration, United States Department of Transportation; and E.G. Oakley, in his official capacity as Division Administrator, Federal Highway Administration, United States Department of Transportation, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 29, 1984.

Rehearing and Rehearing Denied January 21, 1985.

Attorney(s) appearing for the Case

Anthony J. Steinmeyer (Lead), Douglas Letter (argued), Dept. of Justice Appellate Staff, Civ. Div., Kenneth N. Weinstein, U.S. Dept. of Trans., James R. Dann, Fed. Highway Admin., Washington, D.C., for defendants-appellants.

William M. Leech, Jr., Atty. Gen. of Tenn., William J. Haynes, Jr., Sp. Deputy Atty. Gen., (Lead) (argued), Nashville, Tenn., for plaintiff-appellee.

Before MERRITT and JONES, Circuit Judges, BELL, District Judge.

Rehearing and Rehearing En Banc Denied January 21, 1985.

MERRITT, Circuit Judge.

This case is in effect a fight between the State of Tennessee and the United States over damages the State has recovered from bid riggers on federally funded road projects. Brought by the State against federal road officials for injunctive and declaratory relief, the principal questions are whether the relationship between the State as a federal grant recipient and its federal...

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