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CACHE VALLEY ELEC. v. STATE OF UT DEPT. OF TRANSP.

No. 97-4042.

149 F.3d 1119 (1998)

CACHE VALLEY ELECTRIC COMPANY, a Utah corporation, Plaintiff-Appellant, v. STATE OF UTAH DEPARTMENT OF TRANSPORTATION and Charles K. "Chuck" Larson, its civil rights manager, Defendants-Appellees, United States Department of Transportation, Defendant-Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

July 7, 1998.

Attorney(s) appearing for the Case

George A. Hunt (Carolyn Stevens Jensen appearing with him on the briefs), Williams & Hunt, Salt Lake City, Utah, for Plaintiff — Appellant.

Rebecca K. Troth (Isabelle Katz Pinzler, Acting Assistant Attorney General, Mark L. Gross, Lisa J. Stark, Attorneys, on the brief), Washington, DC, for Defendants.

Before BRISCOE, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and LUCERO, Circuit Judge.

LUCERO, Circuit Judge.

Cache Valley Electric Company ("CVE"), a Utah corporation that regularly bids on electrical contracts let by the Utah Department of Transportation ("UDOT"), sued the United States Department of Transportation ("DOT"), UDOT, and Charles K. Larson, UDOT's civil rights manager,1 seeking to enjoin further operation of the Disadvantaged Business Enterprise ("DBE") program because of its use of racial and gender preferences...

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