1. Whether a government directive made to a private contractor while the contractor is bidding on a lucrative and admittedly important government contract can constitute "significant encouragement," and, thus, state action under Blum v. Yaretsky, 457 U.S. 991 (1982), or whether the government must require the decision or otherwise take away the free will choice of the private actor to create state action, as held by the Sixth Circuit majority below.

Whether a government directive made to a private contractor while the contractor is bidding on a lucrative and admittedly important government contract can constitute 'significant encouragement,' and, thus, state action under Blum v. Yaretsky, 457 U.S. 991 (1982)