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POWERS v. ALABAMA DEPT. OF EDUC.

No. 87-7259.

854 F.2d 1285 (1988)

Larry L. POWERS, et al., Carl E. Davis, individually, All Black Professional Employees of the Disability Determination Service, Alabama State Department of Education, who were denied, may have been denied, or may be denied promotions to the positions of Examiner II, Examiner, III, Supervisor I, and Supervisor II from 1977 until the present. All Black Professional Employees of the Disability Determination Service, Alabama State Department of Education, who were denied, may have been denied, or may be denied appointment to the position of Assistant Unit Supervisor from 1977 until the present, Plaintiffs-Appellants, v. ALABAMA DEPARTMENT OF EDUCATION, Department of Disability Determination Service, The Personnel Board of the State of Alabama, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 14, 1988.

Attorney(s) appearing for the Case

Robert L. Wiggins, Jr., Michael Quinn, Gordon, Silberman, Wiggins and Childs, Birmingham, Ala., for plaintiffs-appellants.

William F. Gardner, Cabaniss, Johnston, Gardner, Dumas, & O'Neal, Birmingham, Ala., R. Frank Ussery, Alabama Personnel Dept., Montgomery, Ala., for defendants-appellees.

Before JOHNSON and CLARK, Circuit Judges, and DUMBAULD, Senior District Judge.

CLARK, Circuit Judge:

Appellant Carl Davis,1 a black, is a disability determination examiner employed by appellee, State of Alabama Department of Education's Disability Determination Service ("DDS"). He appeals from a judgment against him, and the class of similarly situated employees he represents ("the plaintiffs"), on their Title VII2 and section 1981

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