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

No. 78-1294.

588 F.2d 235 (1978)

FIREFIGHTERS INSTITUTE FOR RACIAL EQUALITY, a corporation, George Baker, Robert D. Morgan, Robert Grady, Sherman George, George Redford Turner, Lawrence L. Britt, Vernon Ammons, Wendell H. Goins, Charles Gay, George E. Horne, William L. Young, Daniel S. Austin, Robert Anderson, John H. Harvey, Joseph P. Hughes, Eugene Stanton, Preston Sims, each Individually and on behalf of all other persons similarly situated, Appellants, v. The CITY OF ST. LOUIS, MISSOURI, a Municipal Corporation, Division of Fire & Fire Prevention, Department of Public Safety, City of St. Louis, Missouri, Frank C. Cummings, in his capacity as Acting Chairman of the Civil Service Commission of City of St. Louis, Missouri, Fred Gould, in his capacity as a member of the Civil Service Commission, City of St. Louis, Missouri, Charles Marino, in his capacity as Director, Department of Public Safety, City of St. Louis, Missouri, Denis D. Broderick, Individually and in his capacity as Fire Chief of the City of St. Louis, Missouri, R. Elliott Searce, Individually and in his capacity as Director of the Department of Personnel, City of St. Louis, Missouri, and United States of America, Appellees, and Joseph Blessing, Michael Davis, Robert Crowley, David Banta, Andrew Rios, George Hohmann, Don Blackwell, Nick Altmeyer and George Tschlis, Each Individually and as Members of a Class, Intervenors-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 29, 1978.

Rehearing and Rehearing Denied December 22, 1978.


Attorney(s) appearing for the Case

David A. Lang, St. Louis, Mo., argued and on brief, for appellant.

James J. Gallagher (formerly of City Counselor's office), St. Louis, Mo., (argued), and Jack L. Koehr, City Counselor, St. Louis, Mo., on brief, for appellee, City of St. Louis.

Gerald F. George, Atty., Civ. Rights Div., Dept. of Justice, Washington, D. C. (argued), David L. Rose, Washington, D. C., Drew S. Days, III, Asst. Atty. Gen., Washington, D. C., and Robert D. Kingsland, U. S. Atty., St. Louis, Mo., on brief, for appellee, Dept. of Justice.

Jerome A. Diekemper of Barley, Goffstein, Bollato & Lange, Clayton, Mo., argued and on brief, for intervenor, Joseph Blessing.

Before HEANEY and STEPHENSON, Circuit Judges, and VAN SICKLE, District Judge.


Rehearing and Rehearing En Banc Denied December 22, 1978.

HEANEY, Circuit Judge.

This is the latest appeal in protracted litigation, challenging the employment practices of the St. Louis Fire Department. Members of the Firefighters Institute for Racial Equality (F.I.R.E.) and several named plaintiffs brought this action in January, 1974, against the City of St. Louis and various City officials, alleging racial discrimination

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