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EXPERIMENTAL HOLDINGS, INC. v. FARRIS

No. 06-6394.

503 F.3d 514 (2007)

EXPERIMENTAL HOLDINGS, INC., Plaintiff-Appellant, v. John R. FARRIS, in his individual capacity and in his official capacity as Secretary of Commonwealth of Kentucky Finance and Administration Cabinet, Stephen A. Biven, in his individual capacity and in his official capacity as Director, Department of Real Property, Commonwealth of Kentucky Finance and Administration Cabinet, Brien S. Hoover, in his individual capacity and in his official capacity as Leasing Manager, Department of Real Property, Commonwealth of Kentucky Finance and Administration Cabinet, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 25, 2007.

Attorney(s) appearing for the Case

ARGUED: Christian A. Jenkins, Mezibov & Jenkins, Cincinnati, Ohio, for Appellant. Patrick W. McGee, Commonwealth of Kentucky, Office of Legal Services for Finance and Technology, Frankfort, Kentucky, for Appellees. ON BRIEF: Christian A. Jenkins, Marc D. Mezibov, Stacy Ann Hinners, Mezibov & Jenkins, Cincinnati, Ohio, for Appellant. Patrick W. McGee, Commonwealth of Kentucky, Office of Legal Services for Finance and Technology, Frankfort, Kentucky, for Appellees.

Before: MARTIN and ROGERS, Circuit Judges; HOOD, District Judge.

OPINION

ROGERS, Circuit Judge.

Plaintiff Experimental Holdings, Inc. ("EHI") appeals the district court's dismissal of its "disappointed bidder" § 1983 claim and its state law claim alleging violations of Kentucky law covering the award of public contracts. Because the procedural requirements of Kentucky lease procurement law do not afford EHI a property interest in getting the state to lease EHI's real property, the district court properly dismissed...

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