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DENNEY v. CITY OF ALBANY

Nos. 99-14162, 99-14163.

247 F.3d 1172 (2001)

Dewayne DENNEY, Harold Pinson, et al., Plaintiffs-Appellants, v. The CITY OF ALBANY, a Municipal Corporation, Janice Allen Jackson, Individually and in her capacity as Manager for the City of Albany, et al., Defendants-Appellees. David N. Potter, Plaintiff-Appellant, v. The City of Albany, a Municipal Corporation, Janice Allen, Individually and in her capacity as Manager for the City of Albany, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 11, 2001.

Attorney(s) appearing for the Case

Eugene C. Black, Jr., Michael Martin Custer, Albany, for Plaintiffs-Appellants.

Douglas H. Duerr, Elarbee, Thompson & Trapnell, Curtis L. Mack, Sonja Faye Bivins, McGuire Woods, LLP, Jeffrey Kent, Hill & Kertscher, LLP, Atlanta, GA, Al Grieshaber, Jr., Albany, GA, for Defendants-Appellees.

Before BLACK and MARCUS, Circuit Judges, and HANCOCK, District Judge.

MARCUS, Circuit Judge:

Plaintiffs in these consolidated appeals are white firefighters in the City of Albany, Georgia who contend that the Defendants — the City of Albany and two City officials — impermissibly considered race in denying them promotions to the position of lieutenant. The district court granted summary judgment in favor of the Defendants in both cases, finding that the Plaintiffs failed to introduce sufficient evidence of discriminatory...

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