E.E.O.C. v. COM. OF PA.

Civ. No. 83-0321.

645 F.Supp. 1545 (1986)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION and Lieutenant Otto J. Binker, Plaintiffs, v. COMMONWEALTH OF PENNSYLVANIA, Pennsylvania State Police, and the Commissioner of the Pennsylvania State Police, Defendants.

United States District Court, M.D. Pennsylvania.

October 22, 1986.


Attorney(s) appearing for the Case

Robert P. Casey, Dilworth, Paxson, Kalish & Kauffman, Scranton, Pa., John L. Heaton, Dilworth, Paxson, Kalish & Kauffman, Harrisburg, Pa., for plaintiff Binker.

Reginald L. Sydnor, Louis Rodriguez, Alicia G. Burkman, and Susan DeLarm, Philadelphia, Pa., and Barbara L. Kosik, Asst. U.S. Atty., U.S. Attorney's Office, Scranton, Pa., for plaintiff E.E.O.C.

K. Douglas Daniel, Joseph S. Rengert, Harrisburg, Pa., for Com. of Pa., Pa. State Police.

Brett O. Feese, Williamsport, Pa., and Frank Niemiec, Towanda, Pa., for applicants for intervention.


MEMORANDUM

HERMAN, District Judge.

On July 19, 1985, the Court of Appeals for the Third Circuit remanded the above action to this court for reconsideration of the record and additional particularized fact-finding. The parties have supplemented the record at additional hearings in September, 1985 and April, 1986, and the case is now ripe for our decision.

As the parties well know, Pennsylvania law currently provides that any member of the Pennsylvania...

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