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BOSTON CHAPTER N.A.A.C.P., INC. v. BEECHER

No. 74-1067.

504 F.2d 1017 (1974)

BOSTON CHAPTER, N.A.A.C.P., INC., et al., Plaintiffs-Appellees, v. Nancy B. BEECHER et al., Defendants-Appellees, Director and Commissioners of Civil Service, Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided September 18, 1974.

Costs Allocated November 8, 1974.

Attorney(s) appearing for the Case

Edward D. Kalman, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., and Walter H. Mayo, III, Asst. Atty. Gen., Boston, Mass., were on brief, for appellants.

David L. Rose, Atty., Dept. of Justice, with whom Stanley Pottinger, Asst. Atty. Gen., Washington, D. C., James Gabriel, U. S. Atty., Boston, Mass., and James M. Fallon, Atty., Dept. of Justice, Washington, D. C., were on brief for United States, appellee.

Patrick J. King, Boston, Mass., with whom Thomas A. Mela, Boston, Mass., was on brief, for N.A.A.C.P. et al., appellees.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

For many years applicants for the position of fire fighter in the cities and towns of Massachusetts have had to pass a written multiple-choice test (the "test"), administered by the Massachusetts Division of Civil Service. The Division appeals from a district court decision holding the test insufficiently related to a fire fighter's duties to justify its disproportionate impact upon black and Spanish surnamed applicants and ordering...

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