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MASSACHUSETTS COUNCIL OF CONST. EMP. v. WHITE

Civ. A. No. 80-669-T.

495 F.Supp. 220 (1980)

MASSACHUSETTS COUNCIL OF CONSTRUCTION EMPLOYERS, INC., et al., Plaintiffs, v. Kevin H. WHITE, Mayor, et al., Defendants.

United States District Court, D. Massachusetts.

August 11, 1980.

Attorney(s) appearing for the Case

Paul V. Mulkern, Paul J. Kingston, Kingston & Garrett, Boston, Mass., for plaintiffs.

Harold J. Carroll, Chief Gen. Counsel, B.R.A., Boston, Mass., for B.R.A.

Kurt M. Pressman, Cambridge, Mass., for Boston Jobs Coalition.

Joseph D. Alviani, Corp. Counsel, William J. Smith, First Asst. Corp. Counsel, John R. Devereaux, Asst. Corp. Counsel, Law Dept., Gerard J. Clark, Boston, Mass., for White and City of Boston.

E. Michael Sloman, Carl Valvo, Asst. Attys. Gen., Government Bureau, Boston, Mass., for Mass. Dept. of Labor and Industries.

OPINION

TAURO, District Judge.

Plaintiffs brought this action in the Massachusetts Supreme Judicial Court to challenge the constitutionality of Mass.Gen. Laws ch. 149, sec. 26, as well as two executive orders of the defendant Kevin White, Mayor of Boston. The statute grants preferences to residents of Boston seeking employment in the construction of public works. Similarly, the Mayor's Executive Order of September...

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