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TENNESSEE ASPHALT CO. v. FARRIS

No. 90-5945.

942 F.2d 969 (1991)

TENNESSEE ASPHALT COMPANY, et al., Plaintiffs-Appellants, v. Robert E. FARRIS, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 22, 1991.

Attorney(s) appearing for the Case

Richard J. Braun, Thompson & Bussart, Nashville, Tenn., Charles F. Barnett, Jr. (argued and briefed), Cordell M. Parvin, Parvin, Wilson, Barnett & Hopper, Roanoke, Va., for plaintiffs-appellants.

Charles W. Burson, Atty. Gen., Michael W. Catalano, Deputy Atty. Gen. (argued and briefed), Nashville, Tenn., John R. Dunne, Louise A. Lerner (briefed), U.S. Dept. of Justice, Civ. Rights Div., Appellate Section, John Payton, James W. Cooper, Wilmer, Cutler & Pickering, Washington, D.C., for defendants-appellees.

David K. Flynn, Washington, D.C., for Adm'r. of Fed. Highway Admin., Secretary of U.S. Dept. of Transportation and Comm'r of the State of Tenn. Dept. of Transp.

Before JONES and NORRIS, Circuit Judges, and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

This case involves affirmative action and a claim of "reverse discrimination." More specifically, it requires us to determine the constitutionality of a federal statute and federal regulations granting preferential treatment to "disadvantaged business enterprises," (DBE) as applied by the Tennessee Department of Transportation (TDOT) in awarding federal-aid contracts for highway construction. The district court found no constitutional...

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