Marvin K. HAMMON, et al. United States of America, Appellant,
v.
Marion S. BARRY, Jr., Mayor, D.C., et al. (Two Cases)
Kevin Michael BYRNE, et al. United States of America, Appellant,
v.
Theodore R. COLEMAN, D.C. Fire Chief, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 22, 1986.
Decided February 27, 1987.
Attorney(s) appearing for the Case
William Bradford Reynolds, Asst. Atty. Gen., Dept. of Justice, with whom Michael A. Carvin, Deputy Asst. Atty. Gen., David K. Flynn and Walter W. Barnett, Dept. of Justice, Washington, D.C., were on brief, for appellant in Nos. 85-5669, 85-5670 and 85-5671.
Charles L. Reischel, Deputy Corporation Counsel, with whom John H. Suda, Acting Corporation Counsel, Washington, D.C., was on brief, for appellee, District of Columbia, in Nos. 85-5669, 85-5670 and 85-5671.
Joan A. Burt, Washington, D.C., for appellees, Marvin K. Hammon, et al., in Nos. 85-5669, 85-5670 and 85-5671.
George H. Cohen, Michael H. Gottesman, Robert M. Weinberg and Jeremiah A. Collins, Washington, D.C., were on brief, for amicus curiae, Local 36, International Ass'n of Fire Fighters, AFL-CIO, urging reversal in Nos. 85-5669, 85-5670 and 85-5671.
William L. Robinson, Richard T. Seymour and Roderic V.O. Boggs, Washington, D.C., were on brief, for amicus curiae, Lawyers' Committee for Civil Rights Under Law, et al. urging affirmance in Nos. 85-5669, 85-5670 and 85-5671.
Before MIKVA, STARR and SILBERMAN, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STARR.
Dissenting opinion filed by Circuit Judge MIKVA.
STARR, Circuit Judge:
These consolidated cases come before us on appeal from the District Court's judgment upholding the hiring provisions of an affirmative action plan developed by the District of Columbia Fire Department pursuant to a consent decree, 606 F.Supp. 1082. The United States challenges the race-conscious...
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