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GREGORY CONST. CO. v. BLANCHARD

No. G86-366 CA5.

691 F.Supp. 17 (1988)

GREGORY CONSTRUCTION COMPANY, a Michigan Corporation, Plaintiff, v. James J. BLANCHARD, as Governor of the State of Michigan; Martha W. Griffiths, as Lieutenant Governor of the State of Michigan; Department of Military Affairs for the State of Michigan; Maj. Gen. Vernon J. Andrews, as Director and Adjutant General of the Department of Military Affairs for the State of Michigan; The Department of Management and Budget of the State of Michigan; Robert H. Naftaly, as Director of the Department of Management and Budget; Almon J. Durkee, as Director of Bureau of Facilities for the Department of Management and Budget of the State of Michigan; David Claus, as acting manager of Administrative Office of the Building Division of Bureau of Facilities of the State of Michigan; Richard H. Austin, as Secretary of State for the State of Michigan; John Roy Castillo, as Director of the Department of Civil Rights of the State of Michigan; Doug Ross, as Director of the Department of Commerce for the State of Michigan; James P. Pitz, as Director of the Department of Transportation for the State of Michigan; and Frank J. Kelley, as Attorney General for the State of Michigan, Defendants.

United States District Court, W.D. Michigan, S.D.

August 1, 1988.

Attorney(s) appearing for the Case

Raymond J. Carey, Butzel, Long, Gust, Klein & VanZile, Detroit, Mich., for plaintiff.

Brent E. Simmons, Asst. Atty. Gen., Lansing, Mich., for defendants.

OPINION OF THE COURT

BELL, District Judge.

This action challenges the constitutionality of Michigan's Act for State Procurements for Minority and Woman Owned Businesses. Now before the Court are defendants' motions to dismiss and for summary judgment as well as plaintiff's crossmotion for summary judgment.

I

The relevant facts are not disputed. In February, 1986, plaintiff Gregory Construction Company ("Gregory") responded to an invitation...

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