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NORTHEASTERN FLORIDA CHAPTER v. JACKSONVILLE, FLA.

No. 90-3495.

951 F.2d 1217 (1992)

NORTHEASTERN FLORIDA CHAPTER OF THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, a Florida Corporation not for profit, Plaintiff-Appellee, v. CITY OF JACKSONVILLE, FLORIDA, a Florida Municipal Corp., Tommy Hazouri, in his official capacity as Mayor of the City of Jacksonville, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 28, 1992.

Attorney(s) appearing for the Case

James L. Harrison, City of Jacksonville, Gen. Counsel, Steven E. Rohan, Leonard S. Magid, Asst. Gen. Counsel, Jacksonville, Fla., for defendants-appellants.

Robert L. Barr, G. Stephen Parker, Deborah A. Ausburn, Southeastern Legal Foundation, Inc., Atlanta, Ga., John W. Caven, Jr., Jacksonville, Fla., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, BIRCH, Circuit Judge, and GODBOLD, Senior Circuit Judge.

GODBOLD, Senior Circuit Judge:

The Northeastern Florida Chapter of the Associated General Contractors of America (AGC) sued, challenging Jacksonville, Florida's contract set-aside program for minority business enterprises (MBEs). AGC, an association of individuals and firms in the construction industry who do business in Jacksonville and are primarily non-minorities for purposes of the set-aside program, filed a 42 U.S.C. §§ 1981 and 1983 complaint alleging...

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