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KORNHASS CONST. v. OKLAHOMA

No. CIV-99-1106-R.

140 F.Supp.2d 1232 (2001)

KORNHASS CONSTRUCTION, INC.; T.A.O., Inc.; and DACO Construction Company, Plaintiffs, v. STATE OF OKLAHOMA, DEPARTMENT OF CENTRAL SERVICES, Defendant.

United States District Court, W.D. Oklahoma.

February 9, 2001.

Attorney(s) appearing for the Case

James M. Peters, Monnet Hayes Bullis Thompson & Edwards, Edward L. White, Edward L. White P.C., Oklahoma City, for Kornhaas Construction Inc., TAO Inc, DACO Construction Company, Oklahoma Corporations, on Their own Behalf and as Class Representatives, plaintiffs.

Lisa Tipping Davis, Office of Attorney General, Melvin C. Hall, Riggs Abney Neal Turpen Orbison & Lewis, Oklahoma City, for Oklahoma State of, Oklahoma Department of Central Services, Pamela M. Warren, In Her Official Capacity as Director of DCS, and/or Her Predecessors and Successors, Southeastern Oklahoma State University, Glen D. Johnston, In His Official Capacity as President of Southeastern, and/or His Predecessors and Successors, Oklahoma Department of Corrections, James L. Saffle, In His Official Capacity as Director of Corrections, and/or His Predecessors and Successors, OK Black Caucus FDN, Oklahoma Consortium FO Minority Business Development Inc, defendants.

ORDER

RUSSELL, Chief Judge.

Before the Court is the Plaintiffs' Motion for Partial Summary Judgment. The Plaintiffs move the Court for partial summary judgment declaring Oklahoma's Minority Business Enterprise Assistance Act to be unconstitutional.

I. Summary of the Evidence.

The Oklahoma Minority Business Enterprise Assistance Act, Title 74 Okla. Stat. § 85.45 et seq., ("the Act") establishes a bid preference...

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