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COOPER v. ALLEN

No. 71-3186.

467 F.2d 836 (1972)

Robert J. COOPER, Plaintiff-Appellant, v. Ivan ALLEN, Jr., Mayor of the City of Atlanta, Georgia, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 5, 1972.

Attorney(s) appearing for the Case

Elizabeth Rindskopf, Howard Moore, Jr., Atlanta, Ga., Jack Greenberg, William L. Robinson, New York City, Michael H. Terry, Atlanta, Ga., Robert N. Dokson, Cambridge, Mass., for plaintiff-appellant.

Robert S. Wiggins, Henry L. Bowden, Atlanta, Ga., for defendants-appellees.

Before RIVES, BELL and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 5, 1972.

RIVES, Circuit Judge:

In 1966 appellant Cooper, a Negro, applied for a position as one of Atlanta's municipal golf pros. At that time no form of intelligence testing was employed by the City. Cooper was not hired. Sometime thereafter the City began to require a certain score on the Otis-Lennon Mental Ability Test, Form J, as a prerequisite to employment as a golf pro. In addition an applicant had to satisfy...

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