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WALSH CONST. CO. OF ILLINOIS v. CITY OF DETROIT

No. CIV. 03-70831.

257 F.Supp.2d 935 (2003)

WALSH CONSTRUCTION COMPANY OF ILLINOIS, an Illinois corporation, Plaintiff, v. CITY OF DETROIT, a Municipal corporation; the Detroit City Council; the Detroit Board of Water Commissioners; Audrey Jackson, solely in her capacity as Purchasing Director of the Finance Department of the City of Detroit; Victor M. Mercado, solely in his capacity as Director of the Detroit Water and Sewage Department; Walbridge Aldinger Company; W3 Construction Co.; Barton-Malow Co.; W3/Barton-Malow Joint Venture; L. D'Agostini & Sons; Alberici Constructors, Inc.; and Jay-Dee Contractors, Inc. Defendants.

United States District Court, E.D. Michigan, Southern Division.

April 7, 2003.

Attorney(s) appearing for the Case

Eric J. Flessland, Melvin J. Hollowell, Jr., Thomas D. Noonan, Butzel Long, Detroit, MI, Steven G. Stein, Stein, Ray, et al., Chicago, IL, for Plaintiff.

Robert J. Franzinger, Mark D. Jacobs, Shannon K. Anderson, Dykema Gossett, Detroit, MI, for Defendants.

Stuart H. Teger, Honigman Miller, et al., Detroit, MI, for Walbridge.

OPINION AND ORDER

FEIKENS, District Judge.

INTRODUCTION

Walsh Construction Co. ("Walsh") brings this case to challenge the City of Detroit's1 ("City" or "Detroit") preference for locally-based and locally-headquartered businesses through the use of equalization percentage credits (the "credits") in its bid-selection process. Plaintiff, a Detroitbased business, failed...

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