1. Home
  2. Browse Decisions
  3. F.2d
  4. 981 F.2d
  5. 981 F.2d 50 (1992)
 

HARRISON & BURROWES BRIDGE CONSTRUCTORS v. CUOMO

Nos. 1055, 1059, Dockets 91-9090, 91-9098.

981 F.2d 50 (1992)

HARRISON & BURROWES BRIDGE CONSTRUCTORS, INCORPORATED; Laquidara, Incorporated, Plaintiff-Appellant, v. Mario M. CUOMO, as Governor of the State of New York; Franklin E. White, as Commissioner of the New York State Department of Transportation; Darrell W. Happ; Kenneth W. Shiatte; Steven F. Lewis, individually and as officials of the New York Department of Transportation, Defendants-Appellees, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Intervenor-Defendant-Appellee. UNITED FENCE & GUARD RAIL CORPORATION, Plaintiff-Appellant, v. Mario M. CUOMO, Individually and as Governor of the State of New York; Franklin E. White, individually and as Commissioner of Transportation of the State of New York, Horace M. Flowers, Individually and as Director of the Office of Equal Opportunity Development and Compliance of the New York Department of Transportation; Howard L. Sheffey, Individually and as Director of the Affirmative Action Programs Office of the New York Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 2, 1992.

Attorney(s) appearing for the Case

Harry R. Hayes, III, Albany, N.Y. (Hayes & Hayes, Albany, N.Y., Martin S. Kaufman, Atlantic Legal Foundation, New York City, of counsel), for plaintiffs-appellants.

Sanford M. Cohen, Asst. Atty. Gen. in Charge, Civ. Rights Bureau, New York City (Robert Abrams, Atty. Gen. of the State of N.Y., New York City, of counsel), for defendants-appellees.

David K. Flynn, Civ. Rights Div., U.S. Dept. of Justice, Washington, D.C. (Frederick J. Scullin, Jr., U.S. Atty., Arthur J. Rothkopf, Gen. Counsel, Paul M. Geier, Asst. Gen. Counsel for Litigation, Robert W. Ferguson, Trial Atty., Office of Gen. Counsel, U.S. Dept. of Transp., John R. Dunne, Asst. Atty. Gen., David O. Simon, Acting Deputy Asst. Atty. Gen., Louise A. Lerner, Civ. Rights Div., U.S. Dept. of Justice, Washington, D.C., of counsel), for Federal appellee.

Before CARDAMONE and ALTIMARI, Circuit Judges, and CONNER, District Judge.

CARDAMONE, Circuit Judge:

Fifteen years ago Congress passed the Public Works Employment Act of 1977. That Act contained a provision setting aside ten percent of its funds to be allocated to minority businesses. The Act withstood a constitutional challenge several years later when the Supreme Court held that this affirmative action provision was not reverse discrimination in disguise. The Court stated that nothing in the Constitution required that government actions...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases