MICHIGAN ROAD BUILDERS ASS'N, INC. v. BLANCHARD

No. 5:90-CV-37.

761 F.Supp. 1303 (1991)

MICHIGAN ROAD BUILDERS ASSOCIATION, INC., a Michigan corporation; Ajax Paving Industries, a Michigan corporation; Argersinger-Morse Construction Company, a Michigan corporation; Bacco Construction Company, a Michigan corporation; Basile Sons, Inc., Peter A., a Michigan corporation; Bolen Asphalt Paving, Inc., a Michigan corporation; Cadillac Asphalt Paving Co., a Michigan corporation; Doan Construction Company, a Michigan corporation; Forsberg, Inc., T.A., a Michigan corporation; Hull Company, Inc., C.A., a Michigan corporation; Interstate Highway Construction, Inc., a Michigan corporation; Kelcris Corporation, a Michigan corporation; Maclean Construction Company, a Michigan corporation; Midwest Bridge Company, a Michigan corporation; Milbocker & Sons, Inc., a Michigan corporation; Molesworth Contracting Company, a Michigan corporation; J. Slagter & Son Construction Company, a Michigan corporation; Spartan Sign, Inc., a Michigan corporation; Walter Toebe Construction Company, a Michigan corporation; Ward and Van Nuck, Inc., a Michigan corporation, Plaintiffs, v. James J. BLANCHARD, as Governor of the State of Michigan; The Department of Transportation of the State of Michigan; James P. Pitz, as Director of the Department of Transportation; The Michigan State Transportation Commission; William C. Marshall, Rodger D. Young, Hannes Meyers, Jr., Stephen F. Adamini, Shirley E. Zeller, Nansi I. Rowe, Individually in their official capacity as members of the Michigan State Transportation Commission, Defendants.

United States District Court, W.D. Michigan, S.D.

April 11, 1991.


Attorney(s) appearing for the Case

Barry R. Powers, Leonard M. Niehoff, John B. Weaver, Butzel, Long, Gust, Klein & Vanzile, P.C., Detroit, Mich., for plaintiffs.

David L. Balas, Patrick F. Isom and Larry F. Brya, Asst. Attys. Gen., Frank J. Kelley, Atty. Gen. Transp. Div., Lansing, Mich., for defendants.


OPINION

HILLMAN, Senior District Judge.

In this action for declaratory and injunctive relief, plaintiffs claim that defendants have violated their constitutional rights by discriminating against them in awarding road construction projects. In granting contracts containing federal funds, the State of Michigan has set aside 1.32% of the dollars awarded for Disadvantaged Business Enterprises ("DBEs"). Plaintiffs contend that the state is unlawfully aiding women...

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