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HABRON v. EPSTEIN

Civ. A. No. N-74-1314.

412 F.Supp. 256 (1976)

Charles HABRON et al., Plaintiffs, International Association of Marble, Slate and Stone Polishers, Rubbers and Sawyers, Tile Helpers, and Finishers, Marble Setters Helpers, Marble Mosaic and Terrazzo Workers Helpers, Intervening-Plaintiffs, v. Harvey A. EPSTEIN, Commissioner of Labor and Industry of the State of Maryland, Defendant, Baltimore Building and Construction Trades Council, Intervening-Defendant.

United States District Court, D. Maryland.

April 6, 1976.

Attorney(s) appearing for the Case

John J. Bishop, Jr., Towson, Md., for plaintiffs and intervening plaintiffs.

Francis B. Burch, Atty. Gen., Robert J. Aumiller and John J. Lucas, Asst. Attys. Gen., Baltimore, Md., for defendant.

Peter G. Angelos and Stephen B. Caplis, Baltimore, Md., for intervening defendant.

Before WINTER, Circuit Judge, NORTHROP, Chief Judge and WATKINS, Senior District Judge.

NORTHROP, Chief Judge.

This action comes now before the Court on plaintiffs' prayer for declaratory judgment pursuant to 28 U.S.C. § 2201 (1970) to declare "unconstitutional and contrary to Section 1 of the 14th Amendment of the United States" Section 105A, Article 100 of the Maryland Code, which, summarized, prohibits the use of persons categorized as "helpers" on state construction projects. Md.Ann. Code Art. 100, § 105A (Cum.Supp.1975). Jurisdiction is...

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