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MONTANA CONTRACTORS' ASS'N v. SECRETARY OF COMMERCE

Nos. CV 77-62-M, CV 77-153 BLG.

460 F.Supp. 1174 (1978)

MONTANA CONTRACTORS' ASSOCIATION et al., Plaintiffs, and Donna Higgins, d/b/a Higgins & Co., Intervenor, v. The SECRETARY OF COMMERCE et al., Defendants. LLOYD C. LOCKREM, INC., et al., Plaintiffs, v. The SECRETARY OF COMMERCE et al., Defendants.

United States District Court, D. Montana, Missoula and Billings Divisions.

November 24, 1978.

Attorney(s) appearing for the Case

Urban L. Roth, Poore, McKenzie, Roth, Robischon & Robinson, P.C., James Harrington, Butte, Mont., for plaintiffs.

Robert T. O'Leary, Butte, Mont., Glen Neier, White Sulphur Springs, Mont., Gerald Hartman, Dept. of Justice, Employment Sec., Civil Rights Division, Washington, D.C., for defendants.

Murray, Donahue & Kaufman, Kalispell, Mont., for City of Kalispell.

OPINION

RUSSELL E. SMITH, Chief Judge.

This case was brought to test the constitutionality of the Minority Business Enterprise (MBE) requirement of the Public Works Employment Act of 1977, Section 103(f)(2) of Pub.L. No. 95-28, 91 Stat. 116, 42 U.S.C. § 6705(f)(2), which provides:

Except to the extent that the Secretary determines otherwise, no grant shall be made under this chapter for any local public works project unless the applicant gives...

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