Tenth Circuit: Martin Marietta Materials v. Kansas DOT

Administrative, Procedural DP

Federal statutory requirement that changes to state agency's plan receive federal approval in order to receive certain federal funds does not create a property interest assertable by the suppliers affected by the change.

Supplier is not in privvity with contractor in contract with state government.

Being on a list of approved suppliers does not create a property interest.

No mutually explicit understanding.

No liberty interest imperiled by defamation by removal from approved supplier list, as the test results were true.

No showing of concrete harm from gov't statements.

https://www.ca10.uscourts.gov/opinions/13/13-3314.pdf