CONTRACTORS ASS'N v. CITY OF PHILADELPHIA

Civ. A. No. 89-2737.

735 F.Supp. 1274 (1990)

CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA, INC., General Building Contractors Association, Inc., Associated Master Painters & Decorators of Philadelphia, Inc., Employing Bricklayers Association of Delaware Valley, Inc., Interior Finish Contractors Association of Eastern Pennsylvania, Inc., National Electrical Contractors Association, Inc., Roofing and Sheet Metal Contractors Association of Delaware Valley, Inc., and Subcontractors Association of Delaware Valley, Inc., Plaintiffs, v. CITY OF PHILADELPHIA, Elizabeth Reveal, as Director of Finance for the City of Philadelphia, and Curtis Jones, Jr., as Director of the Minority Business Enterprise Council, Defendants, and United Minority Enterprise Associates, Inc., Intervening Defendant.

United States District Court, E.D. Pennsylvania.

April 5, 1990.


Attorney(s) appearing for the Case

John J. McAleese, Jr., Thomas J. McGoldrick and John H. Widman, King of Prussia, Pa., for plaintiffs.

Carl Vance Johnson Norman, President/CEO, MIS-ATSE Financial Corp., Philadelphia, Pa., amicus-curiae.

Charisse R. Lillie, Philadelphia, Pa., for Redevelopment Authority of the City of Philadelphia.

Seymour Kurland, Charles W. Bowser, Luther E. Weaver, III and James P. Cousounis, Baskin Flaherty Elliott & Mannino, P.C., Philadelphia, Pa., and Charles C. Hileman and Richard S. Mailman, Wyncote, Pa., for defendants.

Robert T. Vance, Jr., Philadelphia, Pa., for United Minority Enterprise Associates, Inc.

Carl E. Singley, Philadelphia, Pa., for Philadelphia Urban Coalition Philadelphia Urban League Minority Enterprise Development Committee.


MEMORANDUM AND ORDER

BECHTLE, Chief Judge.

Presently before the court are cross-motions for summary judgment on the question of whether the city of Philadelphia's minority, female and handicapped set-aside program is valid in light of the decision of the United States Supreme Court in City of Richmond v. J.A. Croson Co., 488 U.S. 469, 109 S.Ct. 706, 102 L.Ed.2d 854 (1989).

I. INTRODUCTION

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