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DOUGHERTY v. BARRY

Nos. 85-5715, 85-5716.

869 F.2d 605 (1989)

Edward F. DOUGHERTY, et al. v. Marion S. BARRY, Jr., as Mayor of the District of Columbia Appeal of Elijah B. ROGERS, as City Administrator of the District of Columbia, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 7, 1989.

As Amended March 7, 1989.

Attorney(s) appearing for the Case

Charles L. Reischel, Deputy Corp. Counsel, District of Columbia, with whom Frederick D. Cooke, Jr., Corp. Counsel, Washington, D.C., District of Columbia, was on the brief, for appellants.

William F. Causey, Rockville, Md., for appellees.

Leonard Schaitman and Sandra Wien Simon, Attys., Dept. of Justice, Washington, D.C., also entered appearances for appellees.

Daniel J. Popeo, Utica, N.Y., and George C. Smith, also entered appearances, for amicus curiae Washington Legal Foundation.

Before RUTH B. GINSBURG, STARR, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

This appeal arises from two consolidated civil actions, each charging "reverse" race discrimination in promotion practices of the District of Columbia Fire Department. Plaintiffs-appellees are eight white firefighters; remaining defendants-appellants are the District of Columbia and its former City Administrator, Elijah B. Rogers. The district court found...

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