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ELLIS v. SKINNER

No. 87-C-0616G.

753 F.Supp. 329 (1990)

Stephen B. ELLIS, Plaintiff, v. Samuel SKINNER, in his official capacity as the Secretary, United States Department of Transportation; Robert E. Farris, in his official capacity as the Deputy Administrator, Federal Highway Administration, United States Department of Transportation; Louis N. MacDonald, in his official capacity as the Regional Administrator, Federal Highway Administration; Eugene Findlay, individually and in his official capacity as Director of the Utah Department of Transportation, and Mario Blanco, individually and in his official capacity as Civil Rights Coordinator, Utah Department of Transportation, Defendants.

United States District Court, D. Utah, C.D.

October 15, 1990.

Attorney(s) appearing for the Case

James B. Lee, Salt Lake City, Utah, William Perry Pendley, Gary N. Herbert, Mountain States Legal Foundation, Denver, Colo., for plaintiff.

Leland D. Ford, Richard S. Ugelow, U.S. Dept. of Justice, Washington, D.C., Miguel R. Rovira, Alexandria, Va., for defendants.

MEMORANDUM DECISION AND ORDER

J. THOMAS GREENE, District Judge.

This case involves a challenge to the constitutionality of the federal Disadvantaged Business Enterprise ("DBE") program as applied in Utah. Presently pending are cross motions for summary judgment under a Joint Stipulation of Facts.1

Plaintiff, Stephen Ellis, a white male landscape contractor, seeks a declaratory judgment and permanent injunction against...

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