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HOUSTON CONTRACTORS ASS'N v. METRO. TRANSIT AUTH. OF HARRIS CTY.

Civil Action No. H-93-3651.

993 F.Supp. 545 (1997)

HOUSTON CONTRACTORS ASSOCIATION, Plaintiff, v. METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, Defendant.

United States District Court, S.D. Texas, Houston Division.

November 13, 1997.

Attorney(s) appearing for the Case

Thomas C. Fitzhugh, III, Houston, TX, for plaintiff.

Rex D. VanMiddlesworth, Houston, TX, for defendant.

Stuart M. Nelkin, Houston, TX, for intervenor-defendant Menendez-Donnell.

Opinion On Summary Judgment

HUGHES, District Judge.

1. Introduction.

Race is politics not biology. Who is who and what happens to them depends entirely on political decisions about society and economics — not on genetics.

Because race is inescapably arbitrary, basing governmental action on race offends the American Constitution. Race is arbitrary because it is unrelated to the accomplishment of a public service and because...

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