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HIATT v. CITY OF BERKELEY

Docket No. 39033.

130 Cal.App.3d 298 (1982)

181 Cal. Rptr. 661

RAYFORD R. HIATT et al., Plaintiffs and Appellants, v. CITY OF BERKELEY et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Two.

March 29, 1982.

Attorney(s) appearing for the Case

COUNSEL

Carroll, Burdick & McDonough, Ronald Yank and Christopher Burdick for Plaintiffs and Appellants.

Allan Yannow, Arnold Forster, Jeffrey Sinensky and Richard Weisz as Amici Curiae on behalf of Plaintiffs and Appellants.

Dennis A. Lee, Acting City Attorney, and Charles O. Triebel, Jr., for Defendants and Appellants.

OPINION

ROUSE, Acting P.J.

Plaintiffs, employees of the Berkeley Fire Department (hereafter respondents), brought this action against the City of Berkeley, its City Council, and certain city officials (hereafter collectively appellants), challenging the promotional procedures laid down in the city's Affirmative Action Program (hereafter AAP). Respondents invoked the Fourteenth Amendment of the United States Constitution, article I...

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