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CONCRETE WORKS OF COLORADO, INC. v. CITY & CTY. OF DENVER

No. 93-1095.

36 F.3d 1513 (1994)

CONCRETE WORKS OF COLORADO, INC., a Colorado corporation, Plaintiff-Appellant, v. DENVER, CITY AND COUNTY OF, a municipal corporation, Defendant-Appellee, Associated General Contractors of America, Inc.; Colorado Building Industry Coalition; and Hispanic Contractors of Colorado, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 17, 1994.

Attorney(s) appearing for the Case

Todd S. Welch of Mountain States Legal Foundation, Denver, CO (William Perry Pendley and John G. Nelson, with him on the brief), for plaintiff-appellant.

Angelina Irizarry of Irizarry & McCall, Denver, CO (Raymond D. McCall of Irizarry & McCall, and Daniel E. Muse, John R. Gross, Norman R. Bangeman, and Victoria Ortega of Denver City Attorney's Office, with her on the brief), for defendant-appellee.

Wm. Bradford Reynolds of Dickstein, Shapiro & Morin, Washington, DC, for amicus curiae Associated General Contractors of America, Inc.

Michael J. Glade of Inman Flynn & Biesterfeld, P.C., Denver, CO, for amicus curiae Colorado Bldg. Industry Coalition (Hispanic Contractors of Colorado also join in this Brief).

Before WHITE, Associate Justice (Ret.), LOGAN and EBEL, Circuit Judges.

EBEL, Circuit Judge.

In this appeal, we consider whether the City and County of Denver's race- and gender-conscious public contract award program complies with the Fourteenth Amendment's guarantee of equal protection of the laws. Plaintiff-Appellant Concrete Works of Colorado, Inc. ("Concrete Works") appeals the district court's summary judgment order upholding the constitutionality of Denver's public contract program. We conclude that genuine issues of material fact...

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