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CAPELETTI BROS. v. METROPOLITAN DADE COUNTY

No. 90-0678-CIV.

735 F.Supp. 1040 (1990)

CAPELETTI BROTHERS, INC., Weekley Asphalt Paving Inc., Westwind Contracting, Inc., and Hardrives Company, Plaintiffs, v. METROPOLITAN DADE COUNTY, Joaquin Avino, Defendants.

United States District Court, S.D. Florida.

April 13, 1990.

Attorney(s) appearing for the Case

Herbert P. Schlanger and Deborah Gibson, Atlanta, Ga., for plaintiffs.

R.A. Cuevas, Jr., Asst. Dade County Atty., Miami, Fla., for defendant, Dade County.

Philip E. Beck, Smith, Currie & Hancock, Atlanta, Ga., for defendant, Lowell Dunn.

AMENDED MEMORANDUM OPINION AND ORDER

SCOTT, District Judge.

Once again, an action has been brought challenging the constitutionality of a Metropolitan Dade County ordinance and resolution granting preferential treatment to blacks in its contract bidding process.1 The ordinance has a provision that allows the county to set aside certain designated county contracts exclusively among Black contractors. It also contains a goals provision...

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