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R. I. CHAPTER, ASSOC. GEN. CONTRACTORS v. KREPS

Civ. A. No. 77-0676.

450 F.Supp. 338 (1978)

RHODE ISLAND CHAPTER, ASSOCIATED GENERAL CONTRACTORS OF AMERICA, INC., Plaintiff, v. Juanita KREPS, in her capacity as Secretary of Commerce of the United States, the City of Pawtucket, the City of Warwick, the City of Newport, the City of East Providence, the City of Cranston, the City of Woonsocket, the Town of North Kingstown, the Town of Coventry, the Town of Johnston, the Town of North Providence, and the Pawtucket Redevelopment Agency, Defendants.

United States District Court, D. Rhode Island.

February 6, 1978.

Attorney(s) appearing for the Case

Peter Lawson Kennedy, Providence, R. I., for plaintiff.

Everett C. Sammartino, Asst. U. S. Atty., Providence, R. I., for Juanita Kreps.

Moses Kando, City Sol., Pawtucket, R. I., for City of Pawtucket.

William J. Toohey, City Sol., Warwick, R. I., for City of Warwick.

James S. O'Brien, Frederick W. Faerber, Jr., Newport, R. I., for City of Newport.

Orlando A. Andreoni, Providence, R. I., Nathaniel J. Rendine, East Providence, R. I., for City of East Providence.

John F. Sherlock, Jr., Maryfrances McGinn, Providence, R. I., for Pawtucket Redevelopment Agency.

Girard Visconti, Providence, R. I., for R. I. Subcontractors.

Jeremiah S. Jeremiah, Jr., City Sol., Cranston, R. I., for City of Cranston.

Gerald M. Brenner, Asst. City Sol., Woonsocket, R. I., for City of Woonsocket.

Bernard F. McSally, Providence, R. I., for Town of North Kingstown.

Frank J. Williams, Providence, R. I., for Town of Coventry.

William H. Corrente, Asst. Town Sol., Johnston, R. I., for Town of Johnston.

Robert D. Ciresi, Town Sol., North Providence, R. I., for Town of North Providence.

OPINION

PETTINE, Chief Judge.

Plaintiff, the Rhode Island Chapter, Associated General Contractors of America, Inc., challenges whether Congress can, consistent with the Fifth Amendment, pinpoint a percentage of government public works contracts for minority businesses, upon a finding that such businesses do not successfully compete because of past and present discrimination.

Congress authorized the Secretary of Commerce to make grants to state and...

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