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SAFECO INS. CO. v. CITY OF WHITE HOUSE, TENN.

Nos. 97-6094, 97-6105.

191 F.3d 675 (1999)

SAFECO INSURANCE COMPANY OF AMERICA and Eatherly Construction Company, Plaintiffs-Appellants/Cross-Appellees, v. CITY OF WHITE HOUSE, TENNESSEE, Defendant-Appellee/Cross-Appellant, United States Environmental Protection Agency, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 20, 1999.

Attorney(s) appearing for the Case

Alfred H. Knight (argued and briefed), Alan D. Johnson (briefed), Willis & Knight, Nashville, Tennessee, for Plaintiffs-Appellants/Cross-Appellees.

Peter H. Curry (argued and briefed), Robb S. Harvey (briefed), Tuke Yopp & Sweeney, Nashville, Tennessee, for Defendant-Appellee/Cross-Appellant.

Lisa W. Edwards (argued and briefed), Mark L. Gross (briefed), Richard S. Ugelow, Charles E. Leggott, U.S. Department of Justice, Civil Rights Division, Appellate Section, Washington, D.C., for Intervenor-Appellee.

Before: MARTIN, Chief Judge; and NELSON and BOGGS, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

Safeco Insurance Company of America and Eatherly Construction Company appeal from two final orders of the district court. Appellants believe that the district court made several errors in the case, which involves an alleged breach of contract by Eatherly. Also, the contract incorporated EPA regulations that Appellants believe violated the Constitution by imposing improper race-based preferences. A jury found that Appellants...

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