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OBURN v. SHAPP

Nos. 75-1189, 75-1190.

521 F.2d 142 (1975)

Robert Paul OBURN et al., Plaintiffs-Appellants, v. Milton SHAPP et al., Defendants-Appellees, William Bolden, III, and all minority applicants to and employees of Pennsylvania State Police, Intervening Defendants-Appellees. Donald LUTZ and Michael Warfel, Plaintiffs-Appellants, v. Milton SHAPP et al., Defendants-Appellees, William Bolden, III, and all minority applicants to and employees of Pennsylvania State Police, Intervening Defendants-Appellees.

United States Court of Appeals, Third Circuit.

Decided August 4, 1975.

Attorney(s) appearing for the Case

Allan E. Ertel, William S. Kieser, Ertel and Kieser, Williamsport, Pa., Gordon W. Gerber, Gregory D. Keeney, Dechert, Price & Rhoads, Philadelphia, Pa., for plaintiffs-appellants.

Norman J. Watkins, Deputy Atty. Gen., Lawrence Clark, Asst. Atty. Gen., J. Andrew Smyser, Deputy Atty. Gen., Robert P. Kane, Atty. Gen., Dept. of Justice, Harrisburg, Pa., for defendants-appellees.

Harold I. Goodman, Cassandra M. Menoken, Mark B. Segal, Community Legal Services, Inc., Philadelphia, Pa., Robert J. Reinstein, Philadelphia, Pa., for intervening defendants-appellees.

Before FORMAN, VAN DUSEN and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

Despite the insistence of the parties that we reach the merits of "reverse discrimination", a most troublesome subject, we resist the invitation and instead address ourselves to the narrow issue that is before us: did the district court abuse its discretion in denying a preliminary injunction sought by the plaintiffs. The plaintiffs, white applicants, for the position of state trooper in Pennsylvania, assert that...

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