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ASSOCIATED GEN. CONTRACTORS OF AMERICA v. COLUMBUS

No. 96-4116.

172 F.3d 411 (1999)

The ASSOCIATED GENERAL CONTRACTORS OF AMERICA, et al., Plaintiffs-Appellees, v. CITY OF COLUMBUS; Gregory Lashutka, Mayor; Thomas B. Merritt, Service Director, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 26, 1999.

Attorney(s) appearing for the Case

Ronald J. O'Brien, Daniel W. Drake (briefed), Columbus City Attorney's Office, Columbus, OH, Keith M. Wiener (argued and briefed), J. Scott Carr (briefed), Holland & Knight, Atlanta, GA, for Defendants-Appellants.

Kevin R. McDermott (argued and briefed), Roger L. Sabo, David R. Eberhart, Schottenstein, Zox & Dunn, Columbus, Ohio, for Plaintiffs-Appellees.

Before: MERRITT and BATCHELDER, Circuit Judges; DOWD, District Judge.

OPINION

BATCHELDER, Circuit Judge.

I. BACKGROUND

Plaintiff-Appellees originally filed this action in August 1989, challenging the constitutionality of the City of Columbus's minority set-aside ordinance, the Equal Business Opportunity ("EBO") Code of 1989. Shortly after suit was filed, the City Council amended the ordinance to remove the numerical quotas but left it otherwise essentially unchanged. After some skirmishing before the district court...

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