MEMORANDUM OPINION AND ORDER
MORAN, Senior District Judge.
For six years, in case no. 96 C 1122, the Builders Association of Greater Chicago (BAGC) has been pursuing its claim against the City of Chicago that the City's Minority/Women Business Enterprise Procurement Program (MBE/WBE Program) is unconstitutional. Shortly after that case was filed, plaintiff here (Ozinga) filed this action, also attacking the Program, and it
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