UNITED FENCE & GUARD RAIL CORP. v. CUOMO

No. 490, Docket 88-7681.

878 F.2d 588 (1989)

UNITED FENCE & GUARD RAIL CORP., Plaintiff-Appellant, v. Mario M. CUOMO, Franklin E. White, Horace M. Flowers, Howard L. Sheffey, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 26, 1989.


Attorney(s) appearing for the Case

Harry R. Hayes (Hayes & Hayes, Albany, N.Y., of counsel), for plaintiff-appellant.

Marla Tepper, Asst. Atty. Gen., (Lawrence S. Kahn, Deputy Sol. Gen., Suzanne M. Lynn, Asst. Atty. Gen., Chief, Civil Rights Bureau, Robert Abrams, Atty. Gen. of the State of N.Y., New York City, of counsel), for defendants-appellees.

Before KAUFMAN, OAKES and CARDAMONE, Circuit Judges.


CARDAMONE, Circuit Judge:

Appellant, a New York highway construction company, brought the instant suit in the United States District Court for the Northern District of New York (McCurn, J.) challenging as violative of the Equal Protection Clause of the Fourteenth Amendment, a New York State affirmative action program that is designed to increase the participation of disadvantaged, minority-owned, and women's business enterprises (DBEs) in federally and state-funded...

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