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AFRO AMERICAN PATROLMENS LEAGUE v. DUCK

Nos. 74-1135, 74-1136, 74-1266 and 74-1267.

503 F.2d 294 (1974)

AFRO AMERICAN PATROLMENS LEAGUE et al., Plaintiffs, Fraternal Order of Police Lodge #40, Applicant for Intervention-Appellant, v. Robert DUCK, Police Chief of Toledo, et al., Defendants-Appellees. AFRO AMERICAN PATROLMENS LEAGUE et al., Plaintiffs, Toledo Police Patrolmen's Association, Applicant for Intervention-Appellant, v. Robert DUCK et al. AFRO AMERICAN PATROLMENS LEAGUE et al., Plaintiffs-Appellees, v. Robert DUCK et al., Defendants-Appellants, John Bryant et al., Defendants Intervenors. AFRO AMERICAN PATROLMENS LEAGUE et al., Plaintiffs-Appellees, v. Robert DUCK et al., Defendants, John Bryant et al., Applicants for Intervention-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 26, 1974.

Attorney(s) appearing for the Case

Gerald S. Lubitsky, Toledo, Ohio, for Fraternal Order of Police Lodge No. 40; Richard M. Neller, Toledo, Ohio, on brief.

George R. Royer, Toledo, Ohio, for applicant-intervenor on brief for Toledo Police Patrolmen's Ass'n.

John J. Burkhart, Chief Counsel, Toledo, Ohio, on brief for Robert Duck, and others.

Merritt W. Green, II, Toledo, Ohio, on brief for Afro-American Patrolmens League, and others.

Feinberg, Meyers, Schumacher & Schumacher, by Robert H. Schumacher, Minneapolis, Minn., for Minneapolis Police Federation of Minneapolis, Minn., for amicus curiae.

George R. Royer, Toledo, Ohio, for Ohio Union of Patrolmen's Ass'n and Toledo Police Patrolmen's Assoc., Inc.

Before McCREE, LIVELY and ENGEL, Circuit Judges.

LIVELY, Circuit Judge.

This civil rights action is concerned with requirements for promotion within the police department of Toledo, Ohio. The plaintiffs in the district court were two black patrolmen and an association open to all members of the Toledo safety forces, with a membership composed largely of black policemen. Both of the individual plaintiffs have taken examinations for promotion to sergeant in the Toledo Police Department on a number of occasions, and...

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