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W.H. SCOTT CONST. CO. v. CITY OF JACKSON, MISS.

No. 98-60679.

199 F.3d 206 (1999)

W.H. SCOTT CONSTRUCTION COMPANY, INC., Plaintiff-Appellee, v. CITY OF JACKSON, MISSISSIPPI; Harvey Johnson, In his official capacity as Mayor of the city of Jackson, MS; Louis E. Armstrong, In his official capacity as a present member of the Jackson City Council; Margaret Barrett, In her official capacity as a present member of the Jackson City Council; Chip Reno, In his official capacity as a present member of the Jackson City Council; Kenneth Stokes, In his official capacity as a present member of the Jackson City Council; William Brown, In his official capacity as a member of the Jackson City Council; Robert Williams, In his official capacity as a present member of the Jackson City Council; Ben Allen, In his official capacity as a present member of the Jackson City Council, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 23, 1999.

Attorney(s) appearing for the Case

Michael Tracy Parker (argued), Jennifer Parkinson Burkes, Scanlon, Sessums, Parker & Dallas, Jackson, MS, for Plaintiff-Appellee.

Patricia Kay Monson (argued), Hugh Wilton Tedder, Jr., Betty A. Mallett, Jackson, MS, for Defendants-Appellants.

Before KING, Chief Judge, and REYNALDO G. GARZA and EMILIO M. GARZA, Circuit Judges.

KING, Chief Judge:

Defendants-Appellants City of Jackson, Mississippi, et al., appeal the district court's grant of summary judgment to Plaintiff-Appellee W.H. Scott Construction Company, Inc., in Plaintiff-Appellee's equal protection challenge to a policy encouraging minority participation in city construction contracts. We affirm.

I.

In 1985, the City of Jackson (the "City") adopted a Minority Business Enterprise Program ("MBE Program" or the ...

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