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CENTRAL ALABAMA PAVING, INC. v. JAMES

Civ. A. No. 80-358-N.

499 F.Supp. 629 (1980)

CENTRAL ALABAMA PAVING, INC.; Capital City Asphalt Co., Inc.; Morris-Shea Bridge Co., Inc.; Ellard Contracting Company, Inc.; New Mc, Inc.; Harris & Vines Contracting Company; Alabama Road Builders Association, Inc.; and Starr & Sons, Incorporated, Plaintiffs, v. Fob JAMES, Governor of the State of Alabama; The State of Alabama Highway Department; Bobby J. Kemp, Director of the State of Alabama Highway Department; E. Jerome Kelley, Minority Business Enterprise Liaison Officer of the State of Alabama Highway Department, Defendants and Third Party Plaintiffs, v. Neil GOLDSCHMIDT, Secretary, United States Department of Transportation; United States Department of Transportation; and Lewis MacDonald, Division Administrator, Federal Highway Administration, Third Party Defendants.

United States District Court, M. D. Alabama, N. D.

October 10, 1980.

Attorney(s) appearing for the Case

James T. Upchurch, III, Robert A. Huffaker, Rushton, Stakely, Johnston & Garrett, Montgomery, Ala., for plaintiffs.

D. Frank Davis, Joseph W. Letzer, Asst. Attys. Gen. of Alabama, Thomas, Taliaferro, Forman, Burr & Murray, Birmingham, Ala., for all defendants and third party plaintiffs.

Barry E. Teague, U. S. Atty. (Kenneth E. Vines, Asst. U. S. Atty.), Montgomery, Ala. and Richard Ugelow, Federal Enforcement Section, Civil Rights Division, Washington, D. C., for all third party defendants.

MEMORANDUM OPINION

HOBBS, District Judge.

This action was commenced on August 29, 1980 by the filing by plaintiff contractors of a motion for a temporary restraining order seeking to have the Court enjoin the Governor of the State of Alabama, the State of Alabama Highway Department and its Director, and Jerome Kelley, as the Minority Business Enterprise Liaison Officer, from implementing and enforcing provisions of the State of Alabama Highway Department...

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