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ENGINEERING CONTRACTORS ASS'N v. METRO. DADE COUNTY

No. 96-5274.

122 F.3d 895 (1997)

ENGINEERING CONTRACTORS ASSOCIATION OF SOUTH FLORIDA INC., Associated General Contractors of America, South Florida Chapter, Inc., Gold Coast Associated Builders and Contractors, Inc., Construction Association of Florida, Inc., Underground Contractors Association of South Florida, Inc., Air Conditioning and Refrigeration Association, Inc., Plaintiffs-Appellees, v. METROPOLITAN DADE COUNTY, Joaquin Avino, County Manager of Metropolitan Dade County, Betty Ferguson, James Burke, Arthur E. Teel, Jr., Sherman S. Winn, Bruce Kaplan, Pedro Reboredo, Maurice Ferre, Larry Hawkins, Dennis Moss, Javier Souto, Miguel De La Portilla, Alexander Penelas, Natacha Millan, Individually and in their official capacities as members of the Board of County Commissioners, Defendants-Appellants, Black Business Association, Inc., Allied Minority Contractors Association, Inc., National Association for the Advancement of Colored People, Miami Dade Branch, Intervenors-Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

As Amended October 8, 1997.

Attorney(s) appearing for the Case

Robert A. Ginsburg, Dade County Attorney, R.A. Cuevas, Jr., Assistant County Attorney, Miami, FL, for Metro Dade County, et al.

Karen H. Curtis, Don L. Horn, Gallwey, Gillman, Curtis, Vento & Horn, P.A., Miami, FL, for intervenors Black Business Association and NAACP.

Thomas F. Pepe, Pepe & Nemire, P.A., Coral Gables, FL, for intervenors Allied Contractors.

W. Henry Parkman, Griffin, Cochrane & Marshall, Herbert P. Schlanger, Atlanta, GA, for Plaintiffs-Appellees.

Before CARNES, Circuit Judge, and FAY and CAMPBELL, Senior Circuit Judges.

CARNES, Circuit Judge:

This appeal involves an Equal Protection Clause challenge to three substantially identical affirmative action programs administered by Dade County, Florida. Those programs provide for the use of race-, ethnicity-, and gender-conscious measures in awarding County construction projects. Specifically, the programs establish preferences for construction enterprises owned and controlled by blacks, Hispanics, or women. The district court declared...

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