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CONCRETE TIE OF SAN DIEGO v. LIBERTY CONST.

Nos. 95-55727, 95-55729.

107 F.3d 1368 (1997)

CONCRETE TIE OF SAN DIEGO, INC., for the use of dba Atlas Construction Supply, Plaintiff, v. LIBERTY CONSTRUCTION, INC., a California corporation, Defendant. LIBERTY CONSTRUCTION, INC., a California corporation; Lucille Kurtin; Sol-Gerber, Third-Party-Plaintiffs-Appellants, v. SMALL BUSINESS ADMINISTRATION, Third-Party-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 27, 1997.

Attorney(s) appearing for the Case

Jeffrey N. Garland, Styn & Garland, San Diego, CA, attorney for third-party-plaintiffs-appellants.

Irene M. Solet, United States Department of Justice, Washington, DC, attorney for third-party-defendant-appellee.

Before: O'SCANNLAIN, T. G. NELSON and MICHAEL DALY HAWKINS, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether the Small Business Administration owed any duty to a minority-owned small business concern by virtue of a federal set-aside program for minority-owned government contractors.

I

Liberty Construction, Inc. ("Liberty") is a minority-owned business determined by the Small Business Administration ("SBA") to be a socially and economically disadvantaged small business concern (a "section 8(a) concern")...

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