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MILWAUKEE COUNTY PAVERS ASS'N v. FIEDLER

Nos. 90-1747, 90-1793.

922 F.2d 419 (1991)

MILWAUKEE COUNTY PAVERS ASSOCIATION, et al., Plaintiffs-Appellants-Cross-Appellees, v. Ronald R. FIEDLER, individually and in his capacity as Secretary of the Wisconsin Department of Transportation, and David Manning, individually and in his capacity as the Department's Minority Business Programs Director, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 15, 1991.

Attorney(s) appearing for the Case

Philip Bradbury, Joseph Melli, John R. Sweeny, Melli, Walker, Pease & Ruhly, Madison, Wis., for plaintiffs-appellees.

Charles D. Hoornstra, Asst. Atty. Gen., Office of the Atty. Gen., Wisconsin Dept. of Justice, Bradley C. Williamson, Lafollette & Sinykin, Madison, Wis., for defendants-appellants.

Before POSNER and FLAUM, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

POSNER, Circuit Judge.

An association of highway contractors in Wisconsin brought suit to enjoin, as a form of affirmative action or reverse discrimination that violates the equal protection clause of the Fourteenth Amendment, programs by which the State of Wisconsin sets aside certain highway contracts for firms that are certified as "disadvantaged business enterprises" and also requires highway contractors to give preferential treatment to subcontractors that are...

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