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H.B. ROWE, INC. v. TIPPETT

No. 5:03-CV-278-BO (3).

589 F.Supp.2d 587 (2008)

H.B. ROWE, INC., Plaintiff, v. W. Lyndo TIPPETT, in his official capacity as Secretary of Transportation; W.S. Varnedoe, in his official capacity as Chief Engineer-Operations, North Carolina Department of Transportation; and William F. Rosser, in his official capacity as State Highway Administrator, Defendants.

United States District Court, E.D. North Carolina, Western Division.

December 9, 2008.

Attorney(s) appearing for the Case

Kevin V. Parsons, Parks, Chesin & Walbert, PC, Charlotte, NC, for Plaintiff.

Elizabeth Leonard McKay, N.C. Dept. of Transportation, Reginald L. Watkins, Tiare Bowe Smiley, N.C. Dept. of Justice, Raleigh, NC, for Defendants.

ORDER

TERRENCE W. BOYLE, District Judge.

The Court has before it Plaintiff's challenge to the North Carolina Minority and Women's Business Enterprise program enacted by the state legislature to affect the awarding of contracts and subcontracts in state highway construction. After a bench trial, the Court finds as a fact and concludes as a matter of law that Plaintiff has failed to satisfy its burden of proof that the programs in question violate the United...

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