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JANOWIAK v. CORPORATE CITY OF SOUTH BEND

No. 84-1321.

836 F.2d 1034 (1987)

Timothy JANOWIAK, Plaintiff-Appellant, v. The CORPORATE CITY OF SOUTH BEND, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 6, 1984.

Rehearing and Suggestion for Rehearing Denied March 11, 1985.

On Remand from the Decided December 16, 1987.

As Amended December 21, 1987 and January 5, 1988.

Rehearing and Rehearing Denied February 23, 1988.

Attorney(s) appearing for the Case

Patrick T. McFadden, McFadden & McFadden, South Bend, Ind., for plaintiff-appellant.

Thomas L. Bodnar, South Bend, Ind., for defendants-appellees.

Before BAUER, Chief Judge, PELL, Senior Circuit Judge, and DUPREE, Senior District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 11, 1985.

On Remand from the United States Supreme Court Decided December 16, 1987.

Rehearing and Rehearing En Banc Denied February 23, 1988.

BAUER, Chief Judge.

We again face the question whether the City of South Bend, Indiana (the City) could adopt an affirmative action program for its police and fire departments based solely upon a finding that a disparity existed between the percentage...

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