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TORRE v. BARRY

No. 80-1400.

661 F.2d 1371 (1981)

Alfonso J. TORRE, Appellant, v. Marion BARRY, Jr., Individually and as Mayor of the District of Columbia, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 4, 1981.

Attorney(s) appearing for the Case

Jeremiah A. Collins, Washington, D.C., with whom George H. Cohen and Michael H. Gottesman, Washington, D. C., were on brief for appellant.

Leo N. Gorman, Asst. Corp. Counsel, Washington, D. C., with whom Judith W. Rogers, Corp. Counsel, Richard W. Barton, Deputy Corp. Counsel, David P. Sutton and Martin L. Grossman, Asst. Corp. Counsel, Washington, D. C., were on brief for appellees.

Before ROBINSON, Chief Judge, and ROBB and WALD, Circuit Judges.

Opinion for the court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

The appellant Torre, a twenty-three year veteran of the District of Columbia Fire Department, brought this action against the District of Columbia, its Mayor, and its City Administrator. Torre, a white man, alleged that the failure of the defendants to approve his recommended promotion from Battalion Fire Chief to Deputy Fire Chief was based on his race in violation of the Civil Rights...

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