OSCAR RENDA CONTRACTING v. CITY OF LUBBOCK, TEX.

No. 08-10481.

577 F.3d 264 (2009)

OSCAR RENDA CONTRACTING, INC.; John C. Beck, Plaintiffs-Appellants, v. The CITY OF LUBBOCK, TEXAS; David Miller, in his official capacity as Mayor for injunctive relief, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 21, 2009.


Attorney(s) appearing for the Case

Erwin S. Chemerinsky (argued), University of California, Irvine School of Law, Irvine, CA, Terry Lee Salazar, Quilling, Selander, Cummiskey & Lownds PC, Dallas, TX, Andrew Monroe Trusevich, Sunnyvale, TX, for Plaintiffs-Appellants.

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

Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

The plaintiffs-appellants Oscar Renda Contracting, Inc., and John C. Beck, appeal the district court's grant of summary judgment against their claims against the City of Lubbock, Texas. Renda claims that Lubbock violated its constitutional right of free speech in denying it a construction contract; Renda joins the claim of Beck, a Lubbock taxpayer, that Lubbock's failure to award the contract to Renda unlawfully deprived taxpayers...

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