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BUTTS v. NICHOLS

Civ. No. 72-77-2.

381 F.Supp. 573 (1974)

Louis C. BUTTS et al., Plaintiffs, v. Wendell NICHOLS, as Chief of Police, and Richard A. Wilkey, City Manager, both of the City of Des Moines, Iowa, Defendants.

United States District Court, S. D. Iowa, C. D.

September 4, 1974.

Attorney(s) appearing for the Case

Robert C. Oberbilling, Des Moines, Iowa, for plaintiffs.

Philip T. Riley and William D. Groteluschen, Des Moines, Iowa, for defendants.

Before STEPHENSON, Circuit Judge, HANSON, Chief District Judge, and STUART, District Judge.

HANSON, Chief District Judge.

This class action challenges Section 365.17(5) of the Code of Iowa (1971), as amended July 1, 1973, which prohibits the employment of convicted felons in civil service positions in Iowa. The plaintiffs seek a declaratory judgment that Section 365.17(5) as applied in Iowa is in violation of Title VII of the Civil Rights Act of 1964 (Title 42, U.S. C., Section 2000e et seq.) and 28 C.F.R., Part 42, and is in violation of the plaintiffs...

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