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N.A.A.C.P., DETROIT BRANCH v. DETROIT POLICE OFFICERS ASS'N

No. 88-1902.

900 F.2d 903 (1990)

N.A.A.C.P., DETROIT BRANCH; The Guardians, Inc.; Brady Bruenton; Cynthia Martin; Hilton Napoleon; Sharron Randolph; Betty T. Rolland; Grant Battle; Cynthia Cheatom; Evin Fobbs; John H. Hawkins; Helen Poelnitz, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. DETROIT POLICE OFFICERS ASSOCIATION (DPOA); David Watroba, President; City of Detroit; Coleman A. Young, Mayor; Detroit Police Dept., Board of Police Commissioners; William Hart, Chief; William Milliken, Governor; The Michigan Employment Relations Commission, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 9, 1990.

Rehearing and Rehearing Denied June 18, 1990.

Attorney(s) appearing for the Case

Thomas I. Atkins (argued), Brooklyn, N.Y., for plaintiff-appellant.

Jeanne Mirer, Barnhart & Mirer, Detroit, Mich., for plaintiffs.

Frank Jackson, Terri L. Hayles, City of Detroit Law Dept., Detroit, Mich., Daniel B. Edelman (argued), Yablonski, Both & Edelman, Washington, D.C., Allan D. Sobel, Rubenstein, Isaacs, Lax & Bordman, Southfield, Mich., Walter Nussbaum (deceased) (argued), and Michael A. Lockman, Detroit, Mich., for defendants-appellees.

Before MERRITT, Chief Judge, and KENNEDY, Circuit Judge, and TODD, District Judge.

Rehearing and Rehearing En Banc Denied June 18, 1990.

MERRITT, Chief Judge.

In a previous appeal in this action, our Court published on June 12, 1987, an opinion, NAACP v. Detroit Police Officers Ass'n, 821 F.2d 328, 333 (6th Cir.1987), holding that a purely voluntary affirmative action plan instituted by Mayor Young and the City designed to increase minority representation in the Detroit Police Department could...

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