Associated General Contractors of California v. Secretary of Commerce

Good Law

77 F.R.D. 31·1977 U.S. Dist. LEXIS 12367

United States District Court, Central District of CaliforniaDecember 15, 1977Civ. No. 77-3738-AAHCalifornia4,430 words

Opinion

lead Opinion

Hauk, J.

This matter involves further proceedings in the case of Associated General Contractors of California, et al. v. Secretary of Commerce, et al. See 441 F.Supp. 955 (C.D. Cal.1977). The motions before the Court raise jurisdictional and procedural issues.

On October 5, 1977, the plaintiffs, four nonprofit unincorporated contractors’ associations and five businesses engaged in general contracting work, filed a complaint for declaratory and injunctive relief alleging the unconstitutionality of section 103(f)(2) of the Public Works Employment Act of 1977, Pub.L. No. 95-28, 91 Stat. 116, 42 U.S.C. § 6705 (f)(2). Section 103(f)(2) of the Act requires that ten percent of the amount of each federal grant applied for under the local public works program be expended for “minority business enterprises.” The plaintiffs alleged that this provision violated their constitutional right to equal protection as well as Title VI of the Civil Rights Act of 1964. They sought declaratory relief, a temporary restraining order against compliance with the Act, an order to show cause why a preliminary injunction should not issue, and a permanent injunction against compliance with the minority business…

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Parties

ASSOCIATED GENERAL CONTRACTORS OF CALIFORNIA, a nonprofit corporation, Engineering Contractors Association, a nonprofit corporation, American Subcontractors Association, a nonprofit corporation, Los Angeles County Chapter, National Electrical Contractors Association, Inc., a nonprofit corporation, Steve P. Rados, Inc., a corporation, Griffith Company, a corporation, Gordon H. Ball, Inc., a corporation, Stoddard Enterprises, a sole proprietorship, and Granite Construction Company, a corporation
Plaintiff
SECRETARY OF COMMERCE OF THE UNITED STATES DEPARTMENT OF COMMERCE, U. S. Department of Commerce, Los Angeles County, a body corporate and politic, Los Angeles County Board of Supervisors, Los Angeles Flood Control District, Los Angeles County Engineer, Facilities Department of Los Angeles County, City of Los Angeles, a Municipal Corporation, Los Angeles City Council, Department of Recreation and Parks of the City of Los Angeles, Department of Public Works of the City of Los Angeles
Defendant

Judges

Hauk

Cites (26)

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