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ADARAND CONSTRUCTORS, INC. v. PENA

No. 92-1242.

16 F.3d 1537 (1994)

ADARAND CONSTRUCTORS, INC., a Colorado corporation, Plaintiff-Appellant, v. Federico PENA, Secretary of Department of Transportation; Thomas D. Larson, Administrator of the Federal Highway Administration; Louis N. MacDonald, Administrator of Region VIII of the Federal Highway Administration; and Jerry Budwig, Division Engineer of the Central Federal Lands Highway Division, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 16, 1994.

Attorney(s) appearing for the Case

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

Lisa J. Stark, Attorney, Civil Rights Division, United States Department of Justice (James P. Turner, Acting Assistant Attorney General, David K. Flynn, Lisa C. Wilson, Attorneys, Civil Rights Division, United States Department of Justice, on the brief), Washington, D.C., for defendants-appellees.

Before HOLLOWAY, GARTH and McKAY, Circuit Judges.

GARTH, Circuit Judge.

This appeal involving a reverse discrimination challenge requires us to review the constitutionality of a federal program designed to provide contract awards for disadvantaged business enterprises.

Appellant Adarand Constructors, Inc. ("Adarand") appeals an order of the district court granting summary judgment in favor of the Government appellees [hereinafter "Government"].

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