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

Nos. 74-30C(3), 74-200C(3).

470 F.Supp. 1281 (1979)

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, Plaintiffs, v. The CITY OF ST. LOUIS, MISSOURI, a municipal corporation, Division of Fire & Fire Prevention, Department of Public Safety, City of St. Louis, Missouri, (hereinafter sometimes referred to as the Fire Department), 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 Scearce, Individually and in his capacity as Director of The Department of Personnel, City of St. Louis, Missouri, Defendants. 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. UNITED STATES of America v. CITY OF ST. LOUIS, a municipal corporation, Denis D. Broderick, Chief, Fire and Fire Prevention Division, Dept. of Public Safety, R. Elliott Scearce, Director of Personnel, Joseph W. B. Clark, Director of Public Safety, Fred R. Gould, Rev. Frank C. Cummings, Charles Marino, Commissioners, Civil Service Commission of the City of St. Louis. 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.

United States District Court, E. D. Missouri, E. D.

June 4, 1979.


Attorney(s) appearing for the Case

David Lange, St. Louis, Mo., for plaintiffs in No. 74-30C(3).

Gerald F. George, U. S. Dept. of Justice, Washington, D. C., Joseph B. Moore, Asst. U. S. Atty., U. S. Dept. of Justice, St. Louis, Mo., for plaintiffs in No. 74-200C(3).

James J. Gallagher and Thomas J. Ray, Associate City Counselors, St. Louis, Mo., for defendants in both cases.

John H. Goffstein, Bartley, Goffstein, Bollato & Lange, St. Louis, Mo., for Firefighters Assn., Local # 73 in No. 74-30C(3).

Jerome A. Diekemper, Diekemper, Hammond & Shinners, Clayton, Mo., for intervenors in both cases.

Jack L. Koehr, Associate City Counselor, St. Louis, Mo., for defendants in No. 74-200C(3).


MEMORANDUM

NANGLE, District Judge.

This matter is before the Court upon the application of plaintiffs for a preliminary injunction prohibiting defendants from promoting any individual to the position of fire captain based on the results of the 1979 examination for said position. On May 15, 1979, this Court issued a temporary restraining order prohibiting promotions. On May 22, 1979, the temporary restraining order was extended, for good cause shown, pending...

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