Legal Opinion

Fullilove v. Kreps

Court of Appeals for the Second Circuit

Decided September 22, 1978No. 894, Docket 78-6011PublishedCited by 26 opinions

1Opinion of the Court

BLUMENFELD, District Judge:

This is an appeal from the decision of the District Court, Werker, J., that upheld the constitutionality of section 103(f)(2) of the Public Works Employment Act of 1977 (PWEA), 42 U.S.C. § 6705(f)(2). The statute mandates that “no grant shall be made under this chapter for any local public works project unless the applicant gives satisfactory assurance to the Secretary that at least 10 per centum of the amount of each grant shall be expended for minority business enterprises.” “Minority business enterprise” (MBE) is defined as “a business at least 50 per centum of…

2Cases cited37 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
  3. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  4. McGowan v. MarylandSupreme Court of the United States · 1961
  5. Washington v. DavisSupreme Court of the United States · 1976

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3Cited by26 opinions

  1. Association Against Discrimination in Employment, Inc. v. City of BridgeportCourt of Appeals for the Second Circuit · 1981
  2. Guardians Ass'n of New York City Police Department, Inc. v. Civil Service Commission of New YorkCourt of Appeals for the Second Circuit · 1980
  3. 23 Fair empl.prac.cas. 677, 23 Empl. Prac. Dec. P 31,153, 6 Fed. R. Evid. Serv. 724 the Guardians Association of the New York City Police Department, Inc., the Hispanic Society of the New York City Police Department, Inc., Oswaldo Perez and Felix E. Santos Individually and on Behalf of All Others Similarly Situated v. Civil Service Commission of the City of New York, Department of Personnel of the City of New York, the New York City Police Department, Alphonse D'ambrose, Individually and in His Capacity as Chairman of the Civil Service Commission of the City of New York and Personnel Director of the City of New York, James Smith and Josephine Gambino, Individually and in Their Capacity as Members of the Civil Service Commission of the City of New York, and Michael J. Codd, Individually and in His Capacity as Commissioner of the New York Police Department, DefendantsCourt of Appeals for the Second Circuit · 1980
  4. Steup v. Indiana Housing Finance AuthorityIndiana Supreme Court · 1980
  5. Baker v. City of DetroitDistrict Court, E.D. Michigan · 1979

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