FED. OF AFRICAN AMER. CONTRACTORS v. CITY OF OAKLAND

No. 94-16947.

96 F.3d 1204 (1996)

FEDERATION OF AFRICAN AMERICAN CONTRACTORS; Rondeau Bay Construction Company; Crowell & Sons Plastering Company; Comack Plumbing Company, et al., Plaintiffs-Appellants, v. CITY OF OAKLAND, Defendant, and Alameda County; Mary King; Don Perata; Gail Steele; Warren Widener; Edward Campbell, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 19, 1996.


Attorney(s) appearing for the Case

Eric Vickers, Vickers & Associates, St. Louis, MO, for plaintiffs-appellants.

Henry S. Hewitt, Erickson, Beasley, Hewitt & Wilson, Oakland, CA, for defendants-appellees.

Before: CHOY, BEEZER and HAWKINS, Circuit Judges.


Opinion by Judge HAWKINS; Concurrence by Judge BEEZER.

MICHAEL DALY HAWKINS, Circuit Judge:

This appeal presents an issue of first impression: whether the Civil Rights Act of 1991 amended 42 U.S.C. § 1981 to statutorily overrule Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989), to allow a private right of action against municipalities; and, if so, whether the Act relieves plaintiffs...

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