MARCO OUTDOOR ADVERTISING v. REGIONAL TRANSIT

No. 05-30875.

489 F.3d 669 (2007)

MARCO OUTDOOR ADVERTISING, INC., Plaintiff-Appellant, v. REGIONAL TRANSIT AUTHORITY, Defendant-Appellee, Clear Channel Outdoor, Inc., Intervenor Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 15, 2007.


Attorney(s) appearing for the Case

Henry W. Kinney, III (argued), Tara Elizabeth Clement, Kinney & Ellinghausen, New Orleans, LA, for Plaintiff-Appellant.

N. Sundiata Haley, Randy George McKee (argued), Carter, Haley & McKee, New Orleans, LA, for Regional Transit Authority.

Richard E. Sarver, Edward Robert Wicker (argued), Barrasso, Usdin, Kupperman, Freeman & Sarver, New Orleans, LA, for Clear Channel Outdoor, Inc.

Before JOLLY, DAVIS, and WIENER, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

This cause arises under 42 U.S.C. § 1983. Marco Outdoor Advertising, Inc., ("Marco") contends that the Regional Transit Authority ("RTA") deprived it of property without due process of law when, in violation of the Louisiana Public Bid Law, La. R.S. § 38:2211, et seq. ("Public Bid Law"), RTA arbitrarily awarded an advertising contract ("Contract") to an inferior bidder, Clear Channel Outdoor, Inc. ("Clear Channel")....

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