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CARTER v. GALLAGHER

No. 71-1181.

452 F.2d 315 (1971)

Gerald CARTER et al., Plaintiffs-Appellees, and Minneapolis Commission on Human Relations, Plaintiff-Intervenor-Appellee, v. Hugh GALLAGHER et al., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

On Rehearing January 7, 1972.

Attorney(s) appearing for the Case

Arvid M. Falk, Asst. City Atty., Keith M. Stidd, City Atty., Minneapolis, Minn., for defendants-appellants.

Luther A. Granquist, Marino, Becker & Granquist, Bernard Becker, Legal Aid Society, Inc., Minneapolis, Minn., for plaintiffs-appellees Gerald Carter et al.; Kirk A. Gustafson, Minneapolis, Minn., Legal Aid Society of Minneapolis, on the brief.

Charles Quaintance, Jr., Hyman Edelman, Minneapolis, Minn., for plaintiff-appellee Minneapolis Commission On Human Relations.

O. C. Adamson, II, Minneapolis, Minn., amici curiae Fire Fighters Association of Minneapolis, Local 82, Associated Fire Fighters of Minnesota, and International Assn. of Fire Fighters.

Before MATTHES, Chief Judge, VAN OOSTERHOUT, Circuit Judge and EISELE, District Judge.

On Rehearing En Banc January 7, 1972.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by defendants from decree enjoining them from holding examinations and setting standards for the purpose of determining qualifications of applicants for positions on the Minneapolis Fire Department until various racially discriminatory practices are corrected as directed in the trial court's decree and providing for absolute minority preference in employment of twenty minority...

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