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H.K. PORTER CO. v. METROPOLITAN DADE COUNTY

No. 90-5678.

975 F.2d 762 (1992)

H.K. PORTER COMPANY, INC., Plaintiff-Appellant, v. METROPOLITAN DADE COUNTY, John Dyer, individually and as Contracting Officer for Metropolitan Dade County, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 2, 1992.

Attorney(s) appearing for the Case

Charles C. Kline, Miami, Fla., for plaintiff-appellant.

Robert A. Cuevas, Jr., Asst. County Atty., Miami, Fla., for defendants-appellees.

Before HATCHETT and EDMONDSON, Circuit Judges, and HILL, Senior Circuit Judge.

EDMONDSON, Circuit Judge:

This case involves the Surface Transportation Assistance Act of 1978 ("STAA"), Pub.L. 95-599, 92 Stat. 2689 (1978). The question presented is whether a local government's minority set-aside program can withstand constitutional attack in the absence of investigation by the local government into past discrimination when the STAA did not specifically call for minority set-asides. The answer is "no."

The dispute in this case arises out...

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