DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

021665P.pdf   10/06/2003  Sherbrooke Turf  v.  MN Dept. of Trans.
   U.S. Court of Appeals Case No:  02-1665
                          and No:  02-3016
   District of Minnesota   
Civil Case - constitutionality of Surface Transportation Assistance Act. Landscape contractors challenge the federal highway Disadvantaged Business Enterprises program as violating equal protection. Upon de novo review, DOT regulations are narrowly tailored, have substantial flexibility, are tailored to relevant labor markets, and minimize the race-based nature. Program as applied by Minnesota and Nebraska also serve a compelling government interest and are narrowly tailored.