United Fence & Guard Rail Corp. v. Mario M. Cuomo, Franklin E. White, Horace M. Flowers, Howard L. Sheffey

CARDAMONE, Circuit Judge:

Appellant, a New York highway construction company, brought the instant suit in the United States District Court for the Northern District of New York (McCurn, J.) challenging as violative of the Equal Protection Clause of the Fourteenth Amendment, a New York State affirmative action program that is designed to increase the participation of disadvantaged, minority-owned, and women’s business enterprises (DBEs) in federally and state-funded highway construction contracts. When the case was before the district court on cross-motions for summary judgment, it made the two…