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TAXMAN v. BOARD OF EDUC. OF TOWNSHIP OF PISCATAWAY

Nos. 94-5090, 94-5112.

91 F.3d 1547 (1996)

Sharon TAXMAN, Plaintiff-Intervenor, v. BOARD OF EDUCATION OF the TOWNSHIP OF PISCATAWAY, Appellant. Sharon TAXMAN, Appellant, v. BOARD OF EDUCATION OF the TOWNSHIP OF PISCATAWAY.

United States Court of Appeals, Third Circuit.

Reargued May 14, 1996.

Decided August 8, 1996.

As Amended August 21, 1996.

Attorney(s) appearing for the Case

David B. Rubin (argued), Metuchen, NJ, for Board of Education of the Township of Piscataway.

Stephen E. Klausner (argued), Klausner, Hunter, Cige & Seid, Somerville, NJ, for Sharon Taxman.

Before: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and SAROKIN, Circuit Judges.

Reargued In Banc May 14, 1996.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this Title VII matter, we must determine whether the Board of Education of the Township of Piscataway violated that statute when it made race a factor in selecting which of two equally qualified employees to lay off. Specifically, we must decide whether Title VII permits an employer with a racially balanced work force to grant...

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