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ASSOCIATED GENERAL CONTRACTORS v. SEC. OF COM., ETC.

No. 77-3738-AAH.

459 F.Supp. 766 (1978)

ASSOCIATED GENERAL CONTRACTORS OF CALIFORNIA, a Nonprofit Corporation, Engineering Contractors Association, a Nonprofit Corporation, American Subcontractors Association, a Nonprofit Corporation, Los Angeles County Chapter, National Electrical Contractors Association, Inc., a Nonprofit Corporation, Steve P. Rados, Inc., a corporation, Griffith Company, a corporation, Gordon H. Ball, Inc., a corporation, Stoddard Enterprises, a Sole Proprietorship, and Granite Construction Company, a corporation, Plaintiffs, v. SECRETARY OF COMMERCE OF the UNITED STATES DEPARTMENT OF COMMERCE, U. S. Department of Commerce, Los Angeles County, a Body Corporate and Politic, Los Angeles County Board of Supervisors, Los Angeles Flood Control District, Los Angeles County Engineer, Facilities Department of Los Angeles County, City of Los Angeles, a Municipal Corporation, Los Angeles City Council, Department of Recreation and Parks of the City of Los Angeles, Department of Public Works of the City of Los Angeles, Defendants, Charles Armistead, Marion Hill, Leo Webb, Rudolpho A. Trujillo, Harold W. Johnson, American Ass'n of Spanish Speaking Certified Public Accountants, Black Businessmen's Ass'n of Los Angeles, and NAACP, Intervenors.

United States District Court, C. D. California.

October 20, 1978.

Attorney(s) appearing for the Case

John H. Findley, Pacific Legal Foundation, Lawrence H. Kay, Associated Gen. Contractors of Cal., Sacramento, Cal., for plaintiffs.

Peter H. Kane, Asst. U. S. Atty., Los Angeles, Cal., and Deborah P. M. Seymour, Trial Atty., Employment Sec., Civ. Rights Div., U. S. Dept. of Justice, Washington, D. C., for federal defendants, Secretary of Commerce of U. S. and Dept. of Commerce.

Charles Moore, Deputy County Counsel, Los Angeles, Cal., for county defendants, Los Angeles County, Los Angeles County Bd. of Sup'rs, Los Angeles Flood Control Dist., Los Angeles County Engineer and the Facilities Dept. of Los Angeles County.

John F. Haggerty, Asst. City Atty., Los Angeles, Cal., for city defendants, City of Los Angeles, Los Angeles City Council, Dept. of Recreation and Parks of City of Los Angeles and Dept. of Public Works of City of Los Angeles.

Charles B. Johnson, Pasadena, Cal., for intervenors, Charles Armistead, Marion Hill, Leo Webb, Rudolpho A. Trujillo, Harold W. Johnson, American Ass'n of Spanish Speaking Certified Public Accountants, and Black Businessmen's Ass'n of Los Angeles.

Hairston, Webster & Johnson by John H. Sandoz, Los Angeles, Cal., for intervenor, NAACP.

MEMORANDUM OPINION AND ORDER THAT CAUSE IS NOT MOOT (After Hearing per Order of U. S. Supreme Court)

HAUK, District Judge.

I. INTRODUCTION

Following this Court's ruling, given orally on October 31, 1977, and by way of written opinion dated November 2, 1977, that the 10% minority business enterprises provision of the Public Works Employment Act, as amended, 42 U.S.C. § 6705(f)(2), violated both the constitutional safeguard of equal protection...

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