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A.L. BLADES & SONS, INC. v. YERUSALIM

No. 96-7448.

121 F.3d 865 (1997)

A.L. BLADES & SONS, INC.; Jeffrey Elliot; Simon R. Barnes, Appellants, v. Howard YERUSALIM, Individually And In His Capacity As Secretary Of The Commonwealth Of Pennsylvania Department Of Transportation; William Moyer, Individually And In His Capacity As Deputy Secretary For Highway Administration Of The Department Of Transportation; George Khoury, Individually And In His Capacity Of District Engineer, Engineering District 2-0, Department of Transportation; Frank J. Latosky, Individually And In His Capacity As Assistant District Engineer Construction, Engineering District 2-0, Department of Transportation; Benjamin Laparne, Individually And In His Capacity As Assistant Construction Engineer, Engineering District 2-0, Department of Transportation; Bradley L. Mallory, in his official capacity; Michael M. Ryan, in his official capacity.

United States Court of Appeals, Third Circuit.

Decided August 1, 1997.

Attorney(s) appearing for the Case

James W. Kutz (Argued), Diane M. Tokarsky, McNees, Wallace & Nurick, Harrisburg, PA, for Appellants.

Susan J. Forney (Argued), Office of Attorney General of Pennsylvania, Department of Justice, Harrisburg, PA, for Appellees.

Before: SCIRICA, COWEN and NYGAARD, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

The issue on appeal is whether Pennsylvania Act 1935-414 § 154 violates the Privileges and Immunities Clause of the United States Constitution by requiring contractors to employ only Pennsylvania residents as laborers and mechanics on Commonwealth-funded public works projects. Because the statute's discrimination is not "substantially justified," we hold it is unconstitutional.

I.

On May...

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