Johann Schmidt v. Oakland Unified School District

662 F.2d 550 1 Ed. Law Rep. 72 Johann SCHMIDT and Leland Pollard, Individually and Doing Business as Schmidt & Pollard, a Partnership; Jot Brown, Luz Brown, and Jot Brown, Inc., a California corporation, Plaintiffs-Appellants, v. OAKLAND UNIFIED SCHOOL DISTRICT, Oakland Board of Education, David Tucker, Jr., Melvin J. Caughell, Charles W. Goady, Barney E. Hilburn, Lorenzo N. Hoopes, Seymour M. Rose, and Peggy Stinnett, Defendants-Appellees. No. 80-4005. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 8, 1981. Decided Nov. 5, 1981. Roger J. Marzulla, Matthews & Marzulla, San Jose, Cal., for plaintiffs-appellants. Michales S. Sorgen, Oakland, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before SKOPIL, FLETCHER and FARRIS, Circuit Judges. FLETCHER, Circuit Judge: 1 At issue in this appeal is the validity of an affirmative action plan (AAP) applicable to general contractors who submit bids for construction contracts solicited by the Oakland Unified School District (School District). Under Cal.Educ.Code § 39640, a school district must award to the "lowest responsible bidder"…