IN RE CITY OF MEMPHIS

No. 01-0503.

293 F.3d 345 (2002)

In re CITY OF MEMPHIS, Petitioner. West Tennessee Chapter of Associated Builders and Contractors, Inc.; Zellner Construction Company, Inc., Plaintiffs-Appellees, v. City of Memphis, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 31, 2002.


Attorney(s) appearing for the Case

Robert L.J. Spence, Jr. (briefed), Monika L. Johnson (argued and briefed), City Attys. Office, Memphis, TN, for City of Memphis.

Steven L. Shields (argued and briefed), James L. Holt, Jr. (briefed), Cordova, TN, for Plaintiffs-Appellees.

Before GUY and CLAY, Circuit Judges; NUGENT, District Judge.


GUY, J., delivered the opinion of the court, in which NUGENT, D. J., joined.

OPINION

RALPH B. GUY, JR., Circuit Judge.

Defendant, City of Memphis (City), applies for permission to appeal from the district court's order holding that postenactment evidence cannot be presented by the City to demonstrate a compelling need for awarding construction contracts based on racial preferences. Plaintiffs, West Tennessee Chapter of Associated Builders and Contractors...

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