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RAPID TEST PRODUCTS v. DURHAM SCHOOL SERVICES

No. 05-4066.

460 F.3d 859 (2006)

RAPID TEST PRODUCTS, INC., Plaintiff-Appellant, v. DURHAM SCHOOL SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 2006.

Rehearing Denied September 12, 2006.

Attorney(s) appearing for the Case

Christina Schmucker, Ted A. Donner (argued), Donner & Company, Wheaton, IL, for Plaintiff-Appellant.

Lawrence C. Rubin, Elizabeth J. Boddy (argued), Shefsky & Froelich, Chicago, IL, for Defendant-Appellee.

Before POSNER, EASTERBROOK, and WILLIAMS, Circuit Judges.

EASTERBROOK, Circuit Judge.

Rapid Test Products contends in this suit under 42 U.S.C. § 1981 that Durham School Services has discriminated against it because Rapid Test's owner is a black woman. Durham signed a contract with a school district in Illinois; the contract was subject to a set-aside reserving some subcontracts for disadvantaged business enterprises, and this program treats both race and sex as kinds of disadvantage. Rapid Test negotiated with Durham...

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