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MIDWEST FENCE CORP. v. U.S. DEPT. OF TRANSP.

No. 15-1827.

840 F.3d 932 (2016)

MIDWEST FENCE CORPORATION, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 4, 2016.

Attorney(s) appearing for the Case

James R. Dashiell , Dashiell Law Offices, LLC, Arlington Heights, IL, for Plaintiff-Appellant.

Robert A. Koch , Andrew G. Braniff , Department of Justice, Washington, DC, Walter Jones, Jr. , Christopher M. Cascino , Pugh, Jones & Johnson P.C., Chicago, IL, Richard S. Huszagh , Office of the Attorney General, Chicago, IL, for Defendants-Appellees.

Before Bauer and Hamilton, Circuit Judges, and Peterson, District Judge.

Plaintiff Midwest Fence Corporation challenges federal and state programs that offer advantages in highway construction contracting to disadvantaged business enterprises, known as DBEs. For purposes of federally funded highway construction, DBEs are small businesses that are owned and managed by "individuals who are both...

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