LA. ASSOCIATED GEN. CONTRACTORS, INC. v. STATE EX REL. DIV. OF ADMINI.

No. 95-CA-2105.

669 So.2d 1185 (1996)

LOUISIANA ASSOCIATED GENERAL CONTRACTORS, INC. v. STATE of Louisiana, through the DIVISION OF ADMINISTRATION, OFFICE OF STATE PURCHASING; Raymond LaBorde, Commissioner of Administration; Virgie O. Leblanc, Director of the Office of State Purchasing; Louisiana Health Care Authority; and Dr. William Cherry, Chief Executive Officer of the Louisiana Health Care Authority.

Supreme Court of Louisiana.

March 8, 1996.


Attorney(s) appearing for the Case

Nadine Michele Ramsey, Terry Ford Hessick, Amy Waters Phillips, George John Grazioso, Kevin Paul Torres, Pamela Miller Perkins, Baton Rouge, for Applicant.

W.P. Wray, Jr., Christopher Paul Pierce, Eric Alan Kracht, Wray & Kracht, Baton Rouge, for Respondent.

Richard P. Ieyoub, Attorney General, Roy Achille Mongrue, Jr., Baton Rouge, for the State of Louisiana.

Michael Charles Darnell, New Orleans, for Amicus Curiae Delta Export Pharmacy, Inc., and Lafayette Medical Inc.

Terry E. Allbritton, New Orleans, for Amicus Curiae Coalition of Minority Contractors of Louisiana.


KIMBALL, Justice.*

THE ISSUE

The Louisiana Minority and Women's Business Enterprise Act, La.R.S. 39:1951 et seq., enacted by Act 653, Section 1 in 1984 and later amended and reenacted by Act 797, Section 2 in 1992, [hereinafter "the Act"] was declared unconstitutional by a trial court under Art. I, Sec. 3 of the Louisiana Constitution of 1974. Pursuant to La. Const. Art. V, Sec. 5(D), the defendants were entitled to a direct...

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