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FORDICE CONST. CO. v. MARSH

Civ. A. No. W81-0028(W).

773 F.Supp. 867 (1990)

FORDICE CONSTRUCTION COMPANY and Four F Corporation, Intervenor-Plaintiffs, v. John MARSH, Secretary of the Army of the United States; Samuel P. Collins, Jr., Colonel, Corps of Engineers, U.S. Army; and the United States Army Corps of Engineers; Michael Cardenas, Administrator, Small Business Administration; and the United States Small Business Administration, Defendants.

United States District Court, S.D. Mississippi, W.D.

March 14, 1990.

Attorney(s) appearing for the Case

Lee Davis Thames and Luther T. Munford, Jackson, Miss., for intervenor-plaintiffs.

Daniel E. Lynn, Asst. U.S. Atty., Jackson, Miss., Helen M. Golberg, U.S. Small Business Admin., John M. Gadzichowski, Roger A. Calaizzi, and Martin G. Hacala, U.S. Dept. of Justice, Civ. Rights Div., Employment Litigation Section, Washington, D.C., for defendants.

Thomas E. Chandler and David K. Flynn, U.S. Dept. of Justice, Washington, D.C., for defendants on appeal.

MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

Tried to the court without a jury on an earlier day, this case presents the question of whether the assignment of eleven contracts by the Army Corps of Engineers (Corps) to the Small Business Association (SBA) in fiscal year 1981 for minority enterprise consideration in accordance with 15 U.S.C. § 637(a)(1)(C) violated the rights of the plaintiffs under 42 U.S.C. § 2000d which bars racial discrimination...

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