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O'DONNELL CONSTR. CO. v. DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


December 22, 1992

O'DONNELL CONSTRUCTION CO., Plaintiff,
v.
DISTRICT OF COLUMBIA, et al., Defendants.

PENN

The opinion of the court was delivered by: JOHN GARRETT PENN

ORDER

For the reasons discussed in the accompanying Memorandum, the Court concludes that plaintiff's motion for summary judgment should be granted, and that defendants' motion for summary judgment should be denied.

 Accordingly, it is hereby

 ORDERED that plaintiff's motion for summary judgment is granted; and it is further

 ORDERED that defendants' motion for summary judgment is denied; and it is further

 ORDERED that the District of Columbia Minority Contracting Act is held unconstitutional; and it is further

 ORDERED that the District of Columbia is prohibited from enforcing the Disadvantaged Business Enterprise Program to the extent that it relies on 37% set-aside; and it is further

 ORDERED that this case is dismissed; and it is further

 ORDERED that all other pending motions, if any, are denied.

 Date: December 22, 1992

 JOHN GARRETT PENN

 CHIEF JUDGE

19921222

© 1992-2004 VersusLaw Inc.



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