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FIREFIGHTERS INSTITUTE, ETC. v. CITY OF ST. LOUIS

Nos. 76-1507, 76-1663.

549 F.2d 506 (1977)

FIREFIGHTERS INSTITUTE FOR RACIAL EQUALITY et al., Plaintiffs-Appellants, v. CITY OF ST. LOUIS et al., Defendants-Appellees, UNITED STATES of America, Plaintiff-Appellant, v. CITY OF ST. LOUIS et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 2, 1977.

Rehearing and Rehearing Denied February 25, 1977.

Attorney(s) appearing for the Case

Marie E. Klimesz, Dept. of Justice, Washington, D. C., for United States; Barry A. Short, U. S. Atty., St. Louis, Mo., J. Stanley Pottinger, Asst. Atty. Gen., Walter W. Barnett, Atty., Dept. of Justice, Washington, D. C., on brief.

David A. Lang, Clayton, Mo., Forriss D. Elliott, St. Louis, Mo., for appellants.

James J. Gallagher, St. Louis, Mo., for appellees; Jack L. Koehr, City Counselor, St. Louis, Mo., on brief.

Jerome A. Diekemper, Clayton, Mo., for intervenors; John H. Goffstein, Burton Newman, of Bartley, Goffstein, Bollato & Lange, Clayton, Mo., on brief.

Before LAY, ROSS and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 25, 1977.

ROSS, Circuit Judge.

In this consolidated action, black firefighters and the Department of Justice allege the existence of racially discriminatory practices in the St. Louis City Fire Department. In the first action the Firefighters Institute for Racial Equality (F.I.R.E.) and several named plaintiffs represent a class who are presently employees or who seek employment with the St. Louis Fire Department...

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