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WARSOCKI v. CITY OF OMAHA

No. 83-1186.

726 F.2d 1358 (1984)

Mark F. WARSOCKI, Appellant, v. CITY OF OMAHA, Nebraska, A Municipal Corporation; Michael Boyle, Mayor; Gary Troutman, Personnel Director; Joseph Friend, Public Safety Director, Vernon Van Scoy, Fire Chief; Bernie Simon, City Council President; Walter Calinger, City Councilman; Fred Conley, City Councilman; Connie Findlay, City Councilwoman; David Stahmer, City Councilman; Steve Tomasek, City Councilman; Sylvia Wagner, City Councilwoman, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 17, 1984.

Attorney(s) appearing for the Case

Dennis P. Lee, Thompson, Crounse & Pieper, Omaha, Neb., for appellant.

James E. Fellows, Omaha, Neb., for appellees.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.

HENLEY, Senior Circuit Judge.

Appellant Mark F. Warsocki, a white male, brought an action under 42 U.S.C. § 1983 and the fifth and fourteenth amendments against appellees City of Omaha and certain city officials alleging reverse discrimination resulting from the City's failure to hire him for a firefighter position. The City asserted the defense that the action of which appellant complained was taken pursuant to a bona...

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