Image Carrier Corporation v. Abraham D. Beame, Mayor of New York City, the House of Lithography, Inc. v. Abraham D. Beame, Mayor of New York City

I concur in those portions of the majority opinion which uphold the district court’s *1204conclusions concerning abstention, standing, ripeness and federal preemption, but I dissent from the holding on the merits and the reversal of the judgment of the district court.

At the trial below, appellants asserted that the City’s restrictive bidding policy served several purposes: (1) to effectuate New York law requiring the payment of the prevailing wage rate to workers under public contract, Labor Law § 220(3); (2) to further the City’s interest in obtaining work of good quality; and (3) to facilitate…