United States Sixth Circuit

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Chaz Concrete Co., LLC v. Codell, 07-5870

In a Racketeer Influenced and Corrupt Organizations Act (RICO) action alleging that defendants employed mail fraud in a scheme to defraud the DOT's Federal Highway Administration by certifying non-qualifying entities for participation in Kentucky's Disadvantaged Business Enterprise (DBE) program, summary judgment for defendants is reversed and remanded where, in light of Bridge v. Phoenix Bond & Indemnity Company, 128 S. Ct. 2131 (2008), the circuit court precedent relied on by the district court in granting summary judgment for defendants was overruled and was no longer viable.

Appellate Information

  • Decided 10/21/2008
  • Published 10/21/2008

Judges

  • Before: DAUGHTREY and MOORE, Circuit Judges;  DUGGAN, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ON BRIEF:  Steven S. Reed, Kent Wicker, Reed Wicker, Louisville, Kentucky, for Appellants.  William E. Johnson, Johnson, True & Guarnieri, Frankfort, Kentucky, Bridget Leigh Dunaway, Taylor, Keller, Dunaway & Tooms, London, Kentucky, for Appellees.