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KIRKLAND v. N. Y. STATE DEPT. OF CORRECTIONAL SERVICES

No. 73 Civ. 1540.

482 F.Supp. 1179 (1980)

Edward L. KIRKLAND et al., Plaintiffs, v. The NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Defendants, and Albert Ribiero and Henry L. Coons, Intervenors-Defendants, and Dennis Fitzpatrick et al., Intervenors-Defendants.

United States District Court, S. D. New York.

January 21, 1980.

Attorney(s) appearing for the Case

Jack Greenberg, Judith Reed, New York City, for plaintiffs.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for defendants.

Judith A. Gordon, Asst. Atty. Gen., New York City, Rowley & Forrest, Albany, for Dennis Fitzpatrick, et al., intervenors-defendants; Jeffrey G. Plant, Albany, N. Y., of counsel.

LASKER, District Judge.

This case has been remanded by the Second Circuit Court of Appeals which affirmed an order of this court enjoining as unconstitutionally discriminatory the promotion of correctional sergeants based on the results of Examination No. 34-944, and requiring the development of criterion valid testing procedures in accordance with the Equal Employment Opportunity Commission Guidelines on Employment Selection Procedures, 29 C.F.R. §§ 1607...

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