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SOUTHERN ILLINOIS BUILDERS ASSOCIATION v. OGILVIE

No. 71-1771.

471 F.2d 680 (1972)

SOUTHERN ILLINOIS BUILDERS ASSOCIATION et al., Plaintiffs-Appellees, v. Richard B. OGILVIE, Governor, State of Illinois, et al., Defendants-Appellees, and Operative Plasterers and Cement Masons International Association, Local 90, AFL-CIO, et al., Defendants-Appellants, and United States of America, Intervenor-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 1, 1972.

Attorney(s) appearing for the Case

Harold Gruenberg, St. Louis, Mo., for appellants.

Edward L. Welch, E. St. Louis, Ill., J. Leonard Schermer and Lawrence P. Kaplan, St. Louis, Mo., Edward Neville, E. St. Louis, Ill., Wm. J. Scott, Atty. Gen., and James M. Winning and William P. Ryan, Springfield, Ill., for appellees.

David L. Norman, Asst. Atty. Gen., and David L. Rose, Andrew J. Ruzicho, and Gerald F. George, Dept. of Justice, Washington, D. C., Donald B. Mackay, U. S. Atty., and Gregory M. Wilson, Springfield, Ill., for intervenor-appellee.

Before DUFFY, Senior Circuit Judge, and CUMMINGS and SPRECHER, Circuit Judges.

SPRECHER, Circuit Judge.

This appeal tests the constitutionality of a plan intended to implement equal employment opportunities in the highway construction industry in Madison and St. Clair Counties, Illinois.

I

After the United States Department of Transportation had ordered all federal funds for highway construction in Madison and St. Clair Counties withheld for lack of equal employment opportunities, the six principal craft unions involved in...

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