United States Third Circuit

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Mabey Bridge & Shore, Inc. v. Schoch, 11-1406

In a suit by a corporation engaged in the business of supplying temporary steel bridges for construction projects, seeking a declaration that the Pennsylvania Steel Products Procurement Act, as interpreted and enforced by the Pennsylvania Department of Transportation (PennDOT), is unconstitutional, and requesting a preliminary and permanent injunction enjoining PennDOT from prohibiting the use of the company's temporary bridges on its projects, the district court's grant of summary judgment against the company on all its claims is affirmed, where: 1) the state Steel Act was not preempted by the federal Buy America Act and related federal regulations; 2) the Steel Act is not unconstitutional under the dormant Commerce Clause; 3) PennDOT's actions did not violate the Contract Clause; and 4) PennDOT's application of the Steel Act did not violate the Equal Protection Clause.

Appellate Information

  • Decided 01/24/2012
  • Published 01/24/2012

Judges

  • Barry

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • James M. Campbell, Claudia M. Tesoro

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