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SMITH v. TROYAN

Nos. 73-2226, 73-2227.

520 F.2d 492 (1975)

Elizabeth A. SMITH, on behalf of herself and all others similarly situated, Plaintiff-Appellee, v. Robert TROYAN et al., Defendants-Appellants. Elizabeth A. SMITH, on behalf of herself and all others similarly situated, Plaintiff-Cross-Appellant, v. CITY OF EAST CLEVELAND et al., Defendants-Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

July 3, 1975.

Attorney(s) appearing for the Case

Henry B. Fischer, Director of Law, East Cleveland, East Cleveland, Ohio, James P. Mancino, Cleveland, Ohio, Charles T. Riehl, Walter, Haverfield, Buescher & Chockley, Cleveland, Ohio, for Robert Troyan and others.

Rita Page Reuss, Barbara Kaye Besser, Barbara H. Mitchell, Jane M. Picker, Michael L. Haase, Cleveland, Ohio, for Elizabeth A. Smith.

Before WEICK, CELEBREZZE and PECK, Circuit Judges.

JOHN W. PECK, Circuit Judge.

Plaintiff-appellee, a five-foot, five-inch, 136-pound black woman, filed in district court a class action against certain "city defendants"1 and certain "federal defendants"2 charging that the city's use of minimum height and "proportionate" weight requirements in hiring its police officers unconstitutionally discriminated against her on the basis of sex and that the city's similar...

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