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ROTHE DEVELOPMENT CORP. v. U.S. DEPT. OF DEFENSE

No. 99-50436.

194 F.3d 622 (1999)

ROTHE DEVELOPMENT CORPORATION, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF DEFENSE and United States Department of the Air Force, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 27, 1999.

Attorney(s) appearing for the Case

David Franklin Barton (argued), R. Wes Johnson, Kevin Morris Warburton, The Gardner Law Firm, San Antonio, TX, for Plaintiff-Appellant.

Gregory Bryan Friel (argued), Mark L. Gross, U.S. Dept. of Justice, Civil Rights Division, Richard S. Ugelow, Washington, DC, Britannia Ingrid Hobbs, San Antonio, TX, for Defendants-Appellees.

Deborah J. LaFetra (argued), Pacific Legal Foundation, Sacramento, CA, for Pacific Legal Foundation, Amicus Curiae.

John Glover Roberts, Jr. (argued), Hogan & Hartson, Washington, DC, Michael E. Kennedy, Alexandria, VA, for Associated General Contractors of America, Inc., Amicus Curiae.

Before JOLLY, SMITH and WIENER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Rothe Development Corporation ("Rothe"), a contractor, alleges that the United States Department of Defense and the Department of the Air Force violated its right to equal protection under the Fifth Amendment when it awarded a contract to a higher bidder, International Computers and Telecommunications, Inc., because of the race of ICT's owner, who is of Korean descent. Rothe seeks injunctive and declaratory relief and monetary damages...

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