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ASSOCIATED GEN. CONTRACTORS v. DEPT. OF TRANSP.

No. 11-16228.

713 F.3d 1187 (2013)

ASSOCIATED GENERAL CONTRACTORS OF AMERICA, SAN DIEGO CHAPTER, INC., a non profit California corporation, Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT OF TRANSPORTATION; Will Kempton, individually and in his official capacity as Director of the California Department of Transportation; Olivia Fonseca, Defendants-Appellees, Coalition for Economic Equity; National Association for the Advancement of Colored People, San Diego Chapter, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2013.

Attorney(s) appearing for the Case

Ralph W. Kasarda , Pacific Legal Foundation, Sacramento, CA, for Plaintiff-Appellant.

G. Scott Emblidge , Rachel J. Sater , Moscone Emblidge Sater & Otis LLP, San Francisco, CA; Kathryn T. Papalia , California Department of Transportation, Sacramento, CA; Mara E. Rosales , Rosales Law Partners LLP, San Francisco, CA, for Defendant-Appellee.

Oren M. Sellstrom , Lawyers' Committee for Civil Rights of the San Francisco Bay Area; Bree Hann , Sujal J. Shah , Samantha R. Carter , Carlos P. Mino , Bingham McCutchen LLP; Eva Paterson , Allison Elgart , Fabián Rentería , Equal Justice Society; Jory C. Steele , American Civil Liberties Union Foundation of Northern California, for Intervenors-Defendants-Appellees.

Angela C. Thompson , Sacramento, CA, for Amicus Curiae United States Justice Foundation.

Sharon M. McGowan , United States Department of Justice, Civil Rights Division, Washington, D.C., for Amicus Curiae United States of America.

Before: JEROME FARRIS, SIDNEY R. THOMAS, and N. RANDY SMITH, Circuit Judges.

OPINION

FARRIS, Senior Circuit Judge:

Associated General Contractors of America, San Diego Chapter, appeals from the district court's adverse summary judgment rulings. AGC sought declaratory and injunctive relief against the California Department of Transportation and its officers, on the grounds that Caltrans' 2009 Disadvantaged Business Enterprise program unconstitutionally provided race- and sex-based...

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