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GUARDIANS ASS'N OF NEW YORK CITY v. CIVIL SERV.

No. 849, Docket 80-7027.

630 F.2d 79 (1980)

The GUARDIANS ASSOCIATION OF the NEW YORK CITY POLICE DEPARTMENT, INC., The Hispanic Society of the New York City Police Department, Inc., Nydia I. Diaz, James Michael Hidalgo, Wilfred Cebellero, Andre Lopez, Reinaldo Salgado, Denise Santos, Deborah Holmes and Pamela Obey, individually and on behalf of all those similarly situated, Plaintiffs-Appellees, v. CIVIL SERVICE COMMISSION OF the CITY OF NEW YORK, Department of Personnel of the City of New York, and The New York City Police Department, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 31, 1980.

Attorney(s) appearing for the Case

Peter Bienstock, New York City (M. D. Taracido, Kenneth Kimmerling, Robert L. Becker, Puerto Rican Legal Defense & Education Fund, New York City, on brief), for plaintiffs-appellees.

L. Kevin Sheridan, Asst. Corp. Counsel, New York City (Allen G. Schwartz, Corp. Counsel, Judith A. Levitt, Steven M. Goldberg, Maureen M. McCabe, New York City, on brief), for defendants-appellants.

David L. Rose, Washington, D. C. (Robert B. Fiske, Jr., U. S. Atty., Nancy E. Friedman, Richard N. Papper, Dennison Young, Jr., Asst. U. S. Attys., New York City, Drew S. Days III, Asst. Atty. Gen., Steven H. Rosenbaum, Washington, D. C., on brief), for the United States as amicus curiae.

Ira H. Leibowitz, Barry Lasky, Garden City, N. Y., submitted a brief for The Policewomen's Endowment Assoc., Inc., as amicus curiae.

H. Elliot Wales, New York City, submitted a brief for Seven Civil Service Organizations as amicus curiae.

Before MANSFIELD and NEWMAN, Circuit Judges, and SIFTON, District Judge.

NEWMAN, Circuit Judge:

This employment discrimination suit pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, once again requires this Court to venture into the complex realm of testing and test validation. The test at issue was designed by New York City officials and administrated on June 30, 1979 to 36,797 applicants for positions on the City's police force. Plaintiffs are the Guardians Association of the New York City Police Department...

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