H.B. ROWE COMPANY, INCORPORATED, Plaintiff-Appellant,
v.
W. Lyndo TIPPETT, individually; P.E. Len A. Sanderson, individually; J.G. Nance, in his official capacity as Chief Engineer-Operations of the North Carolina Department of Transportation; Eugene A. Conti, Jr., in his official capacity as Secretary of the North Carolina Department of Transportation; Terry R. Gibson, in his official capacity as State Highway Administrator of the North Carolina Department of Transportation, Defendants-Appellees.
NAACP Legal Defense and Education Fund, Inc., Amicus Supporting Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: March 24, 2010.
Decided: July 22, 2010.
Attorney(s) appearing for the Case
ARGUED: Ralph William Kasarda, Jr., Pacific Legal Foundation, Sacramento, California, for Appellant. Christopher Grafflin Browning, Jr., North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Kevin Van Parsons, Smith, Parsons & Vickstrom, PLLC, Charlotte, North Carolina; James S. Burling, Sharon L. Browne, Pacific Legal Foundation, Sacramento, California, for Appellant. Roy Cooper, Attorney General of North Carolina, John F. Maddrey, Assistant Solicitor General, Tiare B. Smiley, Special Deputy Attorney General, Elizabeth Leonard McKay, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. Joshua Civin, NAACP Legal Defense & Educational Fund, Inc., Washington, D.C.; John Payton, Director-Counsel, Debo P. Adegbile, Matthew Colangelo, Joy Milligan, NAACP Legal Defense & Educational Fund, Inc., New York, New York, for NAACP Legal Defense and Education Fund, Inc., Amicus Supporting Appellees.
Affirmed in part, reversed in part, and remanded by published opinion. Judge MOTZ wrote the majority opinion, in which Judge BEATY concurred. Judge NIEMEYER wrote a separate opinion concurring in the judgment. Judge BEATY wrote a separate concurring opinion.
United States Court of Appeals, Fourth Circuit.
OPINION
DIANA GRIBBON MOTZ, Circuit Judge:
This case arises from the attempt by the people of North Carolina and their elected representatives to end racial and gender-based discrimination in state highway construction subcontracting. The State's statutory scheme—the product of extensive study and refinement in response to developments in federal law—requires prime contractors to engage in good faith...
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