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ALASKA CHAPTER, ASSOCIATED GEN. CONTR. v. PIERCE

No. 81-3189.

694 F.2d 1162 (1982)

ALASKA CHAPTER, ASSOCIATED GENERAL CONTRACTORS OF AMERICA, INCORPORATED, Tate and Company Contractors, and R.A. Vranckaert Company, Plaintiff-Appellants, v. Samuel PIERCE, as Secretary of the Department of Housing and Urban Development, The United States of America, AVCP Housing Authority, Nana Regional Housing Authority, and Kodiak Island Housing Authority, Defendant-Appellees, and Association of Village Council Presidents, Inc., J & A, Inc., and Hooper Bay Construction Company, Nana Construction Company, Inc., Nichol Mechanical, and Hoffman Home Builders, Intervenor-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 17, 1982.

Attorney(s) appearing for the Case

Joseph N. Barcott, Gen. Counsel, Anchorage, Alaska, for plaintiffs-appellants.

Richard Anthony Baenen, James T. Brennan, Hedland, Fleischer & Friedman, Anchorage, Alaska, Richard R. Cole, Fairbanks, Alaska, Irving Gornstein, Washington, D.C., argued for defendants-appellees; Rene J. Gonzalez, U.S. Atty., Anchorage, Alaska, on brief.

Before SKOPIL, FLETCHER and FARRIS, Circuit Judges.

SKOPIL, Circuit Judge:

The Alaska Chapter of Associated General Contractors appeals the district court's decision holding that a HUD regulation implementing a preference to Indian-owned economic enterprises for contracts to build housing for Indians does not violate equal protection. We affirm.

I.

The Department of Housing and Urban Development ("HUD"), pursuant to the United States Housing Act of 1937, 42 U.S.C. §§ 1437-1440, provides...

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