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OSCAR RENDA CONTRACTING v. CITY OF LUBBOCK, TEX.

No. 05-10836.

463 F.3d 378 (2006)

OSCAR RENDA CONTRACTING, INC.; et al., Plaintiffs, Oscar Renda Contracting, Inc.; John C. Beck, Plaintiffs-Appellants, v. The CITY OF LUBBOCK, TEXAS; Marc McDougal, in his official capacity as Mayor for injunctive relief, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 31, 2006.

Attorney(s) appearing for the Case

Erwin S. Chemerinsky (argued), Duke University, Durham, NC, Andrew Monroe Trusevich, Quilling, Selander, Cummiskey & Lownds, Dallas, TX, Donald M. Hunt, Lawrence Matthew Doss, Molly A. Manning, Mullin, Hoard & Brown, Lubbock, TX, for Plaintiffs-Appellants.

Gary Michael Bellair (argued), Robert L. Craig, Jr., Craig, Terrill & Hale, Lubbock, TX, for Defendants-Appellees.

Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Appellant, Oscar Renda Contracting, Inc. ("Renda") appeals the district court's order dismissing its suit for failure to state a claim. The principal issue in this case is whether the First Amendment protects a contractor whose bid has been rejected by a city in retaliation for the contractor's exercise of freedom of speech where the contractor had no pre-existing relationship with that city. Although the Supreme Court expressly reserved...

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