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CONTRACTORS ASS'N OF E. PA. v. CITY OF PHILADELPHIA

No. 89-2737.

893 F.Supp. 419 (1995)

CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA, INC., General Building Contractors Association, Inc., Employing Bricklayers Association of Delaware Valley, Inc., and Subcontractors Association of Delaware Valley, Inc., Plaintiffs, v. CITY OF PHILADELPHIA, Elizabeth Reveal, as Director of Finance for the City of Philadelphia, and Curtis Jones, Jr., as Director of the Minority Business Enterprise Council, Defendants, and United Minority Enterprise Associates, Inc., Intervening Defendant.

United States District Court, E.D. Pennsylvania.

January 11, 1995.

Attorney(s) appearing for the Case

Thomas J. McGoldrick, John H. Widman, John J. McAleese, Jr., McAleese, McGoldrick & Susanin, P.C., King of Prussia, PA, for plaintiffs.

Seymour Kurland, Dechert, Price & Rhoads, Thomas J. Wamser, Deputy City Sol., James P. Cousounis, Luther E. Weaver, Charles W. Bowser, Bowser, Weaver & Cousounis, P.C., A. Michael Pratt, Chief Deputy City Sol., Karen Singletary, Asst. City Sol., Philadelphia, PA, for defendants.

Robert T. Vance, Jr., Vance, Jackson, Simpson & Vance-Lewis, Philadelphia, PA, for intervenor-defendant.

Carl E. Singley, Philadelphia, PA, for Philadelphia Urban Coalition, Philadelphia Urban League, Minority Enterprise Development Committee.

Charisse R. Lillie, Deputy City Sol., Philadelphia, PA, for Redevelopment Authority of the City of Philadelphia.

Charles C. Hileman, Philadelphia, PA, Richard S. Mailman, Wyncote, PA, for James D. Morrissey, Inc., J.S. McGarvey, Inc.

MEMORANDUM ORDER WITH SUPPORTING FINDINGS OF FACT AND CONCLUSIONS OF LAW

BECHTLE, District Judge.

I. INTRODUCTION

This is a facial challenge on constitutional grounds to certain provisions of Chapter 17-500 of the Philadelphia Code ("Chapter 17-500" or "Ordinance"), a City of Philadelphia ("City") ordinance creating preferences, or "set-asides," in City contracting for businesses owned by minorities, women...

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