FIREFIGHTERS LOCAL 1590 v. CITY OF WILMINGTON

No. 86-5749.

824 F.2d 262 (1987)

WILMINGTON FIREFIGHTERS LOCAL 1590, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS and Dennis M. Kirlin, on their behalf and on behalf of all others similarly situated v. CITY OF WILMINGTON, FIRE DEPARTMENT and James T. Wilmore, et al., the plaintiff class in Wilmore, et al. v. City of Wilmington, Civil Action No. 80-76, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 27, 1987.

Rehearing Denied August 20, 1987.


Attorney(s) appearing for the Case

Frederick H. Schranck (argued), Law Dept., City of Wilmington, Gary W. Aber (argued), Heiman & Aber, Wilmington, Del., for appellants.

Barry M. Willoughby (argued), Young, Conaway, Stargatt & Taylor, Wilmington, Del., for appellee.

Before GIBBONS, Chief Judge, MANSMANN, Circuit Judges, and McCUNE, District Judge.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this action for reverse discrimination in employment, the plaintiff firefighters claimed that the City of Wilmington had adopted a race-based discriminatory scoring system for the fire department's promotional examination process leading to the 1984 promotional list. We find that the district court's injunction against promotions from the 1984 list is no longer of legal consequence, because of the expiration...

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