FIREFIGHTERS INSTITUTE v. CITY OF ST. LOUIS

Nos. 79-1435, 79-1461.

616 F.2d 350 (1980)

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; and R. Elliott Searce, individually and in his capacity as Director of the Department of Personnel, City of St. Louis, Missouri, 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; Roland Ralston and William O. Hill, Intervenors-Appellees. UNITED STATES of America, Appellant, 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, 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, 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; Roland Ralston and William O. Hill, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 17, 1980.

Rehearing and Rehearing Denied April 9, 1980.


Attorney(s) appearing for the Case

Gerald F. George, Civil Rights Division, Dept. of Justice, Washington, D.C. (on rebuttal and brief) and David A. Lang, St. Louis, Mo., argued for appellants; Robert D. Kingsland, U. S. Atty., St. Louis, Mo., Drew S. Days, III, Asst. Atty. Gen. and David L. Rose, Washington D. C., on brief.

David A. Lang, St. Louis, Mo., filed brief for appellant, F.I.R.E., et al.

Robert H. Dierker, Jr., Asst. City Atty., St. Louis, Mo. and Jerome A. Diekemper, Diekemper, Hammond & Shinners, Clayton, Mo., argued for appellees.

Jack L. Koehr, City Counselor, Thomas J. Ray, Asst. City Counselor, and Robert H. Dierker, Jr., Asst. City Atty., St. Louis, Mo., for city of St. Louis.

Jerome A. Diekemper, Clayton, Mo., argued for appellees and filed brief for intervenors.

Before HEANEY and ROSS, Circuit Judges, and LARSON, Senior District Judge.


Rehearing and Rehearing En Banc Denied April 9, 1980.

HEANEY, Circuit Judge.

I.

PROCEDURAL HISTORY

This is the third appeal to come before us involving the employment practices of the St. Louis Fire Department. We initially held that a 1974 promotional examination for the position of fire captain had a racially disparate effect. We remanded the matter to the district court with directions that it maintain jurisdiction until it approved...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases