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MABEY BRIDGE & SHORE, INC. v. SCHOCH

No. 11-1406.

666 F.3d 862 (2012)

MABEY BRIDGE & SHORE, Inc., Appellant v. Barry J. SCHOCH, Secretary of Transportation of the Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

Filed: January 24, 2012.

Attorney(s) appearing for the Case

James M. Campbell, Esq. (Argued), Campbell, Campbell, Edwards & Conroy, Boston, MA, Kristen E. Dennison, Esq. , Katherine A. Wang, Esq. , Campbell, Campbell, Edwards & Conroy, Wayne, PA, Margaret F. Ward, Esq. , Ward & Herzog, Baltimore, MD, for Appellant.

Claudia M. Tesoro, Esq. (Argued), Office of Attorney General of Pennsylvania, Philadelphia, PA, Patrick S. Cawley, Esq. , Kenneth L. Joel, Esq. , Calvin R. Koons, Esq. , Office of Attorney General of Pennsylvania, Harrisburg, PA, for Appellee.

Before: HARDIMAN, BARRY and VAN ANTWERPEN, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

This case presents the question of whether the Pennsylvania Steel Products Procurement Act ("Steel Act"), 73 Pa. Stat. §§ 1881-1887, is unconstitutional insofar as it prohibits the use of temporary bridges made out of foreign steel on public works projects. Appellant Mabey Bridge & Shore, Inc. ("Mabey") appeals the District Court's grant of summary judgment on its claim that the Steel Act (and the...

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