Legal Opinion

Midwest Fence Corp. v. United States Department of Transportation

Court of Appeals for the Seventh Circuit

Decided November 4, 2016No. 15-1827PublishedCited by 38 opinions

1Opinion of the Court

HAMILTON, Circuit Judge.

Plaintiff Midwest Fence Corporation challenges federal and state programs that offer advantages in highway construction contracting to disadvantaged business enterprises, known as DBEs. For purposes of federally funded highway construction, DBEs are small businesses that are owned and managed by “individuals who are both socially and economically disadvantaged,” 49 C.F.R. § 26.5, primarily racial minorities and women, who have historically faced significant obstacles in the construction industry due to discrimination, § 26.67(a). Pursuant to the federal DBE program,…

2Cases cited30 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. Warth v. SeldinSupreme Court of the United States · 1975
  4. United States v. SalernoSupreme Court of the United States · 1987
  5. Adarand Constructors, Inc. v. PenaSupreme Court of the United States · 1995

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3Cited by38 opinions

  1. Kevin Carmody v. Board of Trustees of the UniveCourt of Appeals for the Seventh Circuit · 2018
  2. Prairie Rivers Network v. Dynegy Midwest Generation, LLCCourt of Appeals for the Seventh Circuit · 2021
  3. Design Basics, LLC v. Lexington Homes, Inc.Court of Appeals for the Seventh Circuit · 2017
  4. St. Joan Antida High School In v. Milwaukee Public School DistriCourt of Appeals for the Seventh Circuit · 2019
  5. Planned Parenthood of N.Y.C., Inc. v. U.S. Dep't of Health & Human Servs.District Court, S.D. Illinois · 2018

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