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UNITED STATES v. CITY OF CINCINNATI

No. 84-3615.

771 F.2d 161 (1985)

UNITED STATES of America, Plaintiff-Appellee, and Carolyn J. Freeland, et al., Intervenor-Plaintiffs-Appellants, v. CITY OF CINCINNATI, Defendant-Appellee, and Queen City Lodge No. 69, Fraternal Order of Police, Intervenor-Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 29, 1985.

Rehearing Denied October 16, 1985.

Attorney(s) appearing for the Case

Alphonse A. Gerhardstein (argued) Robert F. Laufman, John H. Burlew, Cincinnati, Ohio, for intervenor-plaintiffs-appellants.

Nicholas Pantel, Asst. U.S. Atty., Cincinnati, Ohio, Civil Rights Div., U.S. Dept. of Justice, Washington, D.C., Wm. Bradford Reynolds, Walter W. Barnett, Dennis J. Dimsey, for the U.S.A.

Richard A. Castellini (argued), M. Kathleen Robbins, Timothy M. Ruttle, Asst. City Solicitors, Cincinnati, Ohio, for City of Cincinnati.

Donald E. Hardin (argued), Swain and Hardin, A Legal Professional Ass'n, Cincinnati, Ohio, for Queen City Lodge No. 69, FOP.

Before LIVELY, Chief Judge, ENGEL, Circuit Judge, and COHN, District Judge.

LIVELY, Chief Judge.

This case, brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., requires the court to consider the effect of a consent decree on seniority rights established by state law and a collective bargaining agreement. The district court concluded that its decision was controlled by Fire Fighters Local Union No. 1784 v. Stotts, 467 U.S. 561

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