Marvin K. HAMMON, et al., Plaintiffs,
v.
Marion S. BARRY, Jr., et al., Defendants.
Kevin Michael BYRNE, et al., Plaintiffs,
v.
Theodore R. COLEMAN, et al., Defendants.
UNITED STATES of America, Plaintiff,
v.
The DISTRICT OF COLUMBIA, et al., Defendants.
United States District Court, District of Columbia.https://leagle.com/images/logo.png
April 1, 1985.
April 1, 1985.
Attorney(s) appearing for the Case
Joan A. Burt, Karl W. Carter, Jr., Washington, D.C., for Hammon plaintiffs.
George H. Cohen, Michael H. Gottesman, Robert M. Weinberg, Jeremiah A. Collins, Mady Gilson, Bredhoff & Kaiser, Washington, D.C., for Byrne plaintiffs.
Richard S. Ugelow, David L. Rose, Dept. of Justice, Washington, D.C., Also on brief: Wm. Bradford Reynolds, Associate Atty. Gen., Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, Asst. U.S. Atty., Washington, D.C., for The United States, through Atty. Gen. Edwin Meese, III.
Inez Smith Reid, Corp. Counsel, John H. Suda, Principal Deputy Corp. Counsel, Martin L. Grossman, Deputy Corp. Counsel, Sandra Jefferson Grannum and George C. Valentine, Asst. Corp. Counsel, Washington, D.C., Also present: Herbert Reid, Sp. Counsel to the Mayor, Washington, D.C., for defendants.
Richard T. Seymour, Lawyers' Committee for Civil Rights Under Law, Barry L. Goldstein, NAACP Legal Defense and Educational Fund, Inc. Also on brief: William L. Robinson, Lawyers' Committee for Civil Rights Under Law, Roderic V.O. Boggs, Washington Lawyers' Committee for Civil Rights Under Law, Julius LeVonne Chambers and Elaine R. Jones, NAACP Legal Defense and Educational Fund, Inc., Washington, D.C., amici curiae.
United States District Court, District of Columbia.
OPINION
CHARLES R. RICHEY, District Judge.
INTRODUCTION
This case, which is before the Court on cross-motions for summary judgment, calls into question the legality and constitutionality of a proposed affirmative action plan voluntarily adopted by a public employer, the District of Columbia and its Fire Department. This a situation, involving a voluntary plan by a public employer, has never before been addressed by the Supreme Court, which expressly...
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