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KLAVER CONST. CO., INC. v. KANSAS DEPT. OF TRANSP.

No. 99-2510-JAR.

211 F.Supp.2d 1296 (2002)

KLAVER CONSTRUCTION CO., INC., a Kansas corporation, Plaintiff, v. KANSAS DEPARTMENT OF TRANSPORTATION; United States Department of Transportation; E. Dean Carlson, in his capacity as the Kansas Secretary of Transportation; and Rodney E. Slater, in his capacity as the United States Secretary of Transportation, Defendants.

United States District Court, D. Kansas.

July 15, 2002.

Attorney(s) appearing for the Case

Kurt A. Harper, Sherwood & Harper, Wichita, KS, Thomas R. Olson, Amy R. Baudler, Kristine A. Kubes, Thomas R. Olson & Associates, St. Paul, MN, Kristine A. Kubes, Thomas R. Olson & Associates, St. Paul, MN, for Plaintiff.

Michael B. Rees, Oswald S. Dwyer, Office of Chief Counsel, Kansas Department of Transportation, Topeka, KS, Marybeth Martin, Jay D. Adelstein, U.S. Department of Justice Employment Litigation, Washington, DC, Melamie D. Carol, Office of United States Attorney, Kansas City, KS, Sonya A. Rao, U.S. Department of Justice Civil Rights Division, Washington, DC, for Defendants.

ORDER GRANTING MOTIONS TO DISMISS

ROBINSON, District Judge.

The Federal and State defendants have brought motions to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) for lack of standing (Doc. 117 and Doc. 124). Plaintiff Klaver Construction Co. ("Klaver") is challenging the constitutionality of the federal Disadvantaged Business Enterprise ("DBE") program and the Kansas Department of Transportation's ("KDOT") implementation of that program. Klaver seeks...

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