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JANOWIAK v. CORPORATE CITY OF SOUTH BEND

No. 84-1321.

750 F.2d 557 (1984)

Timothy JANOWIAK, Plaintiff-Appellant, v. The CORPORATE CITY OF SOUTH BEND, Board of Public Safety, South Bend Fire Department, Mayor Roger Parent, Timothy Brassell, Fire Chief, Robert Potvin, and Stanley M. Przyblinski, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 6, 1984.

Rehearing and Rehearing Denied March 11, 1985.

Attorney(s) appearing for the Case

Patrick T. McFadden, McFadden & McFadden, South Bend, Ind., for plaintiff-appellant.

Thomas L. Bodnar, South Bend, Ind., for defendants-appellees.

Before BAUER, Circuit Judge, PELL, Senior Circuit Judge, and DUPREE, Senior District Judge.

Rehearing and Rehearing En Banc Denied March 11, 1985.

PELL, Senior Circuit Judge.

This case presents the question whether the City of South Bend could adopt an affirmative action program for its Police and Fire Departments solely upon the basis of a finding that a disparity existed between the percentage of minorities in the population of South Bend and the percentage of minorities in the Departments. The district court, 576 F.Supp. 1461...

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