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COSTA v. MARKEY

No. 81-1361.

677 F.2d 158 (1982)

Lynda LeBoeuf COSTA, Plaintiff-Appellee, v. John A. MARKEY, et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided May 3, 1982.

Attorney(s) appearing for the Case

Armand Fernandes, Jr., New Bedford, for defendants-appellants.

Thomas F. McKenna, with whom Mariann Zampano, Boston, Mass., was on brief, for plaintiff-appellee.

Thomas A. Barnico, Asst. Atty. Gen., Boston, Mass., Government Bureau, Dept. of the Atty. Gen., with whom Francis X. Bellotti, Atty. Gen. and Betty E. Waxman, Asst. Atty. Gen., Boston, Mass., Government Bureau, Dept. of the Atty. Gen., were on brief, for the State appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

COFFIN, Chief Judge.

The interesting question at the heart of this appeal is whether the authorities of New Bedford engaged in sex discrimination when they hired police officers from an all-women pool from which the female plaintiff was excluded because she was below the required minimum height of 5 feet, 6 inches.

Plaintiff's action was brought against the mayor, chief of police, and city councillors of New Bedford and the personnel administrator and Civil...

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