TROJAN TECHNOLOGIES, INC. v. COM. OF PA.

No. 90-5057.

916 F.2d 903 (1990)

TROJAN TECHNOLOGIES, INC. and Kappe Associates, Inc., Appellants, v. COMMONWEALTH OF PENNSYLVANIA and Leroy S. Zimmerman, Attorney General, Commonwealth of Pennsylvania, Appellees.

United States Court of Appeals, Third Circuit.

Decided October 24, 1990.


Attorney(s) appearing for the Case

Paul A. Logan (argued), Powell, Trachtman, Logan & Carrle, King of Prussia, Pa., for appellants.

Ernest D. Preate, Jr., Atty. Gen., Thomas B. York (argued), Deputy Atty. Gen., Calvin R. Koons, Sr. Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section, Office of the Atty. Gen., Harrisburg, Pa., for appellees.

Stuart Gerson, Asst. Atty. Gen., Patricia M. Bryan, Deputy Asst. Atty. Gen., Robert V. Zener, Atty., Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., for amicus curiae U.S.

Before STAPLETON and GREENBERG, Circuit Judges and POLLAK, District Judge.


OPINION OF THE COURT

LOUIS H. POLLAK, District Judge.

This case presents the question whether the Pennsylvania Steel Products Procurement Act ("Steel Act"), Act of March 3, 1978, P.L. 6, No. 3, Pa.Stat.Ann. tit. 73, §§ 1881-87, is unconstitutional. The grounds of challenging the Steel Act are several: it is contended that the Steel Act (1) is preempted by various federal statutes and executive agreements regulating foreign commerce; (2) unconstitutionally...

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