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BRONZE SHIELDS, INC. v. N. J. DEPT. OF CIVIL SERV.

Nos. 80-2003, 81-1133.

667 F.2d 1074 (1981)

BRONZE SHIELDS, INC., Percell Goodwyn, Ramon Gonzalez, Hipolito Hernandez, Frank Howard, Jr., Willie C. Jackson, Johnson Livingston, Claude Pittman, John W. Reid, Willie C. Sanders, Marvin E. Thomas, Alonzo Williams, Rubin J. Battle, Floyd Bostic, Jr., Lynette Crawford, Charles Harris, Olivia Howard, Appellants, v. The NEW JERSEY DEPARTMENT OF CIVIL SERVICE, Ralph P. Shaw, Chief Examiner of the Department of Civil Service, the New Jersey Civil Service Commission, S. Howard Woodson, President of the Civil Service Commission, Thomas DeLuca, John Holden, Matthias Rodriguez and Charles Walther, Commissioners of the Civil Service Commission, the City of Newark, New Jersey, a municipal corporation, John Redden, Director of the Newark Police Department.

United States Court of Appeals, Third Circuit.

Decided December 1, 1981.

Rehearing and Rehearing Denied December 28, 1981.

Attorney(s) appearing for the Case

Jonathan M. Hyman (argued), and Elizabeth M. Schneider, Rutgers Constitutional Litigation Clinic, Newark, N. J., and Jack Greenberg, and O. Peter Sherwood, New York City, N. Y., for appellants.

John J. Degnan, Atty. Gen. of New Jersey, Erminie L. Conley, Asst. Atty. Gen., Peter J. Calderone, Deputy Atty. Gen. (argued), Trenton, N. J., for State appellees.

John J. Teare, Acting Corp. Counsel, Matthew J. Scola, Asst. Corp. Counsel (argued), Newark, N. J., for appellees, City of Newark and Redden.

Before VAN DUSEN, Senior Circuit Judge, and WEIS and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing In Banc Denied December 28, 1981.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

Plaintiffs charged defendants in a two-count complaint with discriminating on the basis of race and ethnic origin in the hiring and promotion of police officers in the Newark, New Jersey, police department. Plaintiffs allege defendants have violated 42 U.S.C. § 1981 (count I)1 and Title VII, 42 U.S.C. ...

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