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CONE CORP. v. FLORIDA DEPT. OF TRANSP.

No. 89-3694.

921 F.2d 1190 (1991)

The CONE CORPORATION, C.H. Barco Contracting Co., Asphalt Pavers, Inc., etc., et al., Plaintiffs-Appellants, v. FLORIDA DEPARTMENT OF TRANSPORTATION, Ben G. Watts, Secretary of the Department of Transportation; and Bob Martinez, Governor of the State of Florida, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 8, 1991.

Attorney(s) appearing for the Case

Herbert P. Schlanger, Atlanta, Ga., for Cone Corp.

Robert B. Baker, Jr., Southeastern Legal Foundation, Inc., Atlanta, Ga., for O.B. Brooks et al.

Harry F. Chiles, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for defendants-appellees.

Before TJOFLAT, Chief Judge, ANDERSON and CLARK, Circuit Judges.

TJOFLAT, Chief Judge:

This is an appeal from an order of the district court declaring unconstitutional on fourteenth amendment equal protection grounds a Florida statute, Fla.Stat. § 339.0805 (1989), and the regulations promulgated thereunder, Fla.Admin.Code Ann. ch. 14-78 (1989), that created a set-aside and minority business participation program for contracts awarded by Florida's Secretary of Transportation (the Secretary), the head of the Florida Department...

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