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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

AMERICAN INFRASTRUCTURE-MD, INC. : : v. : CIVIL NO. CCB-08-1153 : STATE OF MARYLAND, et al. : ...o0o... MEMORANDUM Now pending before the court is a motion to dismiss or, in the alternative, for summary judgment filed by defendants State of Maryland, Maryland Department of Transportation, Maryland Transportation Authority ("MdTA"), and John Porcari, secretary of the Department of Transportation, (together "defendants") against plaintiff American Infrastructure-MD, Inc. ("AI"). AI alleges constitutional and statutory violations stemming from the defendants' noncompliance with the state's minority business requirements in awarding a state construction contract. The defendants argue, inter alia, that AI has failed to state a valid claim for relief because its claims are barred by the applicable statute of limitations. The issues in this motion have been fully briefed and no hearing is necessary. For the reasons stated below, the defendants' motion, which will be treated as a motion to dismiss, will be granted.1

In examining whether AI has stated a valid claim for relief, the court went outside the four corners of the complaint to consider the plaintiff's letter protesting the contract award and the defendants' responses. Where, as here, the plaintiff has notice of documents used by the defendant in a 12(b)(6) motion, does not dispute their authenticity, and relied on them in framing the complaint (see Compl.

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Maryland Law