RITCHEY PRODUCE CO., INC. v. OHIO DEPT. OF ADM. SERV.

No. 97-2435.

85 Ohio St.3d 194 (1999)

RITCHEY PRODUCE COMPANY, INC., APPELLEE, v. STATE OF OHIO, DEPARTMENT OF ADMINISTRATIVE SERVICES, APPELLANT.

Supreme Court of Ohio.

Decided April 7, 1999.


Attorney(s) appearing for the Case

Bricker & Eckler L.L.P., Luther L. Liggett, Jr., and Kimberly J. Brown; and William D. Joseph, for appellee.

Betty D. Montgomery, Attorney General, Judith L. French and Darius N. Kandawalla, Assistant Attorneys General, for appellant.

Squire, Sanders & Dempsey L.L.P., Frederick R. Nance and Michael W. Kelly, urging affirmance on other grounds for amici curiae, the Ohio Black Legislative Caucus, Senator Jeffrey Johnson and Representatives Otto Beatty, Samuel Britton, Troy Lee James, Peter Lawson Jones, Mark Mallory, Sylvester Patton, C.J. Prentiss, Tom Roberts, Vernon Sykes, Charleta Tavares, and Vermel Whalen.


DOUGLAS, J.

As a preliminary matter, we note that appellee and amici raise a number of arguments that tend to confuse rather than to clarify the issues presented by this appeal. Therefore, it is necessary to dispel some of this confusion before proceeding to the primary issue raised in this appeal, to wit, whether Ohio's MBE Program, as administratively applied and as written, violates the equal protection guarantees of the Fourteenth Amendment to the United...

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