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HARRISON & BURROWES BRIDGE CONSTRUCTORS v. CUOMO

No. 89-CV-447.

743 F.Supp. 977 (1990)

HARRISON AND BURROWES BRIDGE CONSTRUCTORS, INC., and Laquidara, Inc., Plaintiff, v. Mario M. CUOMO, as Governor of the State of New York, and Franklin E. White, as Commissioner of the New York Department of Transportation, et al., Defendants.

United States District Court, N.D. New York.

August 2, 1990.

Attorney(s) appearing for the Case

Hayes & Hayes, Albany, N.Y., for plaintiff; Harry R. Hayes, III, of counsel.

Robert Abrams, Atty. Gen., State of N.Y., New York City, for defendants; Suzanne M. Lynn, Sanford M. Cohen, Robert Siegfried, Marla Tepper, Asst. Attys. Gen., of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

I. Introduction

This is an action pursuant to 42 U.S.C. § 1983 in which the plaintiffs are challenging the constitutionality of two affirmative action programs administered by the State of New York with respect to certain highway construction projects. The plaintiff in the present motion for a preliminary injunction is Harrison and Burrowes Bridge Constructors, Inc. ("Harrison") —...

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