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IN RE SHERBROOKE SODDING CO.

No. 6-96-CV-41.

17 F.Supp.2d 1026 (1998)

In re SHERBROOKE SODDING CO.

United States District Court, D. Minnesota, Sixth Division.

August 31, 1998.

Attorney(s) appearing for the Case

Thomas Richard Olson, Kimberly Price Anderson, Olson Law Office, St. Paul, MN, Gregg M. Corwin, Corwin Law Office, St. Louis Park, MN, for Sherbrooke Sodding Co., Progressive Contractors Inc. and Northern Improvement Co.

Donald J. Mueting, Kerri Stahlecker Hermann, Linda M. Bullen, Minn., Atty. Gen., St. Paul, MN, for Minnesota Dept. of Transp. and James N. Denn.

Robert Michael Small, U.S. Atty. Office, Minneapolis, MN, Lisa Higdon MacPhee, U.S. Dept of Transp., Washington, DC, Richard S. Ugelow, Jay D. Adelstein, Andrew H. Tarsy, U.S. Dept of Justice Civil Rights, Washington, DC, Dana R. Carstarphen, U.S. Dept of Justice, Washington, DC, for U.S. Dept. of Transp., James N. Denn and Federico F. Pena.

ORDER

ROSENBAUM, District Judge.

This case raises a challenge to a Minnesota-implemented federal program promoting affirmative action. The federal program funds highway construction, maintenance, and repair. The matter is before the Court on cross-motions for summary judgment.

I. Background

Three cases have been consolidated, each involving Sherbrooke Sodding, Co. or Sherbrooke Turf, Inc., both Minnesota corporations, (collectively...

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