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COMMONWEALTH OF PENNSYLVANIA v. O'NEILL

Nos. 72-1613, 72-1614.

473 F.2d 1029 (1973)

COMMONWEALTH OF PENNSYLVANIA et al. (Intervenors Plaintiffs), Guardian Civic League (Intervenor Plaintiff), v. Joseph F. O'NEILL et al., Appellants in No. 72-1614. Appeal of FRATERNAL ORDER OF POLICE et al., Defendants-Intervenors, in No. 72-1613.

United States Court of Appeals, Third Circuit.

Submitted for Rehearing January 3, 1973.

Decided February 8, 1973.

Attorney(s) appearing for the Case

A. Charles Peruto, James M. Penny, Jr., Sheldon L. Albert, Martin Weinberg, Philadelphia, Pa., for appellants in Nos. 72-1613 and 72-1614.

Henry W. Sawyer, III, Andrew S. Price, Harold I. Goodman, Robert J. Reinstein, F. John Hagele, Robert P. Vogel, Stephen C. Miller, Philadelphia, Pa., for appellees in Nos. 72-1613 and 72-1614.

George H. Weiler, III, Washington, D. C., for amicus curiae, Equal Employment Opportunity Commission in Nos. 72-1613 and 72-1614.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, MAX ROSENN and HUNTER, Circuit Judges.

Submitted for Rehearing before the Court En Banc January 3, 1973.

OPINION OF THE COURT

PER CURIAM:

The defendants appeal from an order dated July 7, 1972 granting a preliminary injunction pending final hearing. 348 F.Supp. 1084 (E.D.Pa.1972). The complaint challenges the hiring and promotion procedures of the Police Department of the City of Philadelphia as violative of the Civil Rights Acts. 42 U.S. C. §...

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