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AM. COMBUSTION v. MINORITY BUSINESS OPPORTUNITY

Nos. 81-74, 81-234 and 81-235.

441 A.2d 660 (1982)

AMERICAN COMBUSTION, INC., Petitioner, v. MINORITY BUSINESS OPPORTUNITY COMMISSION, and Office of the Mayor, District of Columbia, Respondents. W. G. CORNELL COMPANY OF WASHINGTON, INC., American Combustion, Inc., a Joint Venture, Petitioner, v. MINORITY BUSINESS OPPORTUNITY COMMISSION, et al., Respondents. W. G. CORNELL COMPANY OF WASHINGTON, INC., American Combustion, Inc., a Joint Venture, Appellant. v. DISTRICT OF COLUMBIA, et al., Appellees.

District of Columbia Court of Appeals.

Decided January 25, 1982.

Attorney(s) appearing for the Case

James William Taglieri, with whom Robert Cadeaux, Washington, D. C., was on the brief, for petitioner American Combustion, Inc.

Douglas L. Patin, with whom Herman M. Braude and Leonard A. Sacks, Washington, D. C., were on the brief, for appellant W. G. Cornell Co. of Washington, Inc./American Combustion, Inc.

Leo N. Gorman, Asst. Corp. Counsel, with whom Judith W. Rogers, Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D. C., were on the brief, for appellees.

Before NEWMAN, Chief Judge, and KERN and FERREN, Associate Judges.

FERREN, Associate Judge:

This case presents several questions of first impression concerning the Minority Contracting Act of 1976 (the Act), D.C.Code 1978 Supp., §§ 1-851 to -861, as amended by D.C.Law 3-91 (September 13, 1980), 27 D.C.Reg. 3280-91, 4169 (now codified at D.C.Code 1981, §§ 1-1141 to -1151):

1. In denying the request of American Combustion, Inc. (ACI) for recertification as a minority business enterprise (MBE), did...

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