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ERIE HUMAN RELATIONS COMMISSION v. TULLIO

No. 73-1707.

493 F.2d 371 (1974)

ERIE HUMAN RELATIONS COMMISSION et al., Appellees, v. Hon. Louis J. TULLIO, Mayor of the City of Erie, et al., Appellants.

United States Court of Appeals, Third Circuit.

Decided March 4, 1974.

Attorney(s) appearing for the Case

Lawrence L. Kinter, Erie, Pa., for appellants.

Norman J. Watkins, Deputy Atty. Gen., Harrisburg, Pa., argued for the appellees.

Michael Louik, Robert P. Vogel, Asst. Attys. Gen., Israel Packel, Atty. Gen., for Commonwealth of Pennsylvania as amicus curiae.

Henry W. Sawyer, III, Amy F. Davis, Philadelphia, Pa., for amicus curiae American Civil Liberties Union.

Before ADAMS, HUNTER and WEIS, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This is an appeal in an action brought by the Erie Human Relations Commission and four individual blacks in which it was alleged that the hiring procedures used to staff the Erie, Pennsylvania Police Department discriminate against blacks, in violation of the Civil Rights Act, 42 U.S.C. §§ 1981, 1983 (1970), and the equal protection clause. The district court found in favor of the plaintiffs...

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