BRITTON v. SOUTH BEND COMMUNITY SCHOOL CORP.

No. 84-2841.

775 F.2d 794 (1985)

Elmer BRITTON, et al., Plaintiffs-Appellants, v. SOUTH BEND COMMUNITY SCHOOL CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 1985.


Attorney(s) appearing for the Case

Daniel H. Pfeifer, Sweeney & Pfeifer, Donald E. Wertheimer, Harry Heppenheimer & Assoc., South Bend, Ind., Michael Carvin, U.S. Dept. of Justice, Washington, D.C., amicus curiae, for plaintiffs-appellants.

Franklin A. Morse, II, Barnes & Thornburg, South Bend, Ind., Elliot M. Mincberg, Hogan & Hartson, Washington, D.C., for defendants-appellees.

Before CUDAHY and POSNER, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.


CUDAHY, Circuit Judge.

This is a "reverse discrimination" case in which we are required to determine whether a clause in a collective bargaining agreement between a teachers' union and a school district that prohibits layoffs of "minority" teachers, and layoffs of white teachers pursuant to that clause, violate either the Equal Protection Clause of the Fourteenth Amendment or Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Although...

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