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BOSTON CHAPTER, NAACP v. BEECHER

Nos. 81-1642, 81-1656, 81-1650 and 81-1651.

679 F.2d 965 (1982)

BOSTON CHAPTER, NAACP, et al., Plaintiffs-Appellees, v. Nancy B. BEECHER, et al., Defendants-Appellants, and Boston Firefighters Union, Local 718, Intervenor-Appellant. Pedro CASTRO, et al., Plaintiffs-Appellees, v. Nancy BEECHER, et al., Defendants-Appellants, and Boston Police Patrolmen's Association, Inc., Intervenor-Appellant.

United States Court of Appeals, First Circuit.

Decided May 11, 1982.

Attorney(s) appearing for the Case

E. David Wanger, Boston, Mass., with whom John F. McMahon, and Angoff, Goldman, Manning, Pyle & Wanger, P. C., Boston, Mass., were on brief, for intervenor, appellant Local 718 in Case No. 81-1642.

Frank J. McGee, Marshfield, Mass., on brief for intervenor-appellant Boston Police Patrolmen's Association, Inc.

Thomas A. Barnico, Asst. Atty. Gen., Government Bureau, Dept. of the Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for the State defendants-appellants in Case No. 81-1651.

Marc S. Seigle, Sp. Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for the State defendants-appellants in Case No. 81-1656.

James S. Dittmar, Boston, Mass., with whom Berman, Dittmar & Engel, P. C., Judith Bernstein Tracy, and Peggy A. Wiesenberg, Boston, Mass., were on brief, for plaintiffs-appellees.

Before CAMPBELL, BOWNES and BREYER, Circuit Judges.

BOWNES, Circuit Judge.

This case arises from a conflict between a statutorily established seniority system mandating layoffs on a last hired, first fired basis and court orders insulating a percentage of minorities from such system. Shortly after the July 1981 beginning of fiscal 1982, the Police and Fire Department of the City of Boston embarked upon a program of massive reductions in force, allegedly precipitated by budgetary restrictions imposed by "Proposition...

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