MINORITY EMPLOYEES OF TENNESSEE DEPT. OF EMPLOYMENT SEC., INC. v. STATE OF TENN., DEPT. OF EMPLOYMENT SEC.

No. 88-5429.

901 F.2d 1327 (1990)

MINORITY EMPLOYEES OF THE TENNESSEE DEPARTMENT OF EMPLOYMENT SECURITY, INCORPORATED, Plaintiff-Appellant, Rosetta N. Davis, Alma C. Oliver, Hazel Perry, Plaintiffs, v. STATE OF TENNESSEE, DEPARTMENT OF EMPLOYMENT SECURITY; Robert J. Bible, Commissioner of the State of Tennessee, Department of Employment Security; State of Tennessee, Department of Personnel; William C. Koch, Jr., Commissioner of the State of Tennessee, Department of Personnel, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 26, 1990.


Attorney(s) appearing for the Case

Julius L. Chambers, Napolean B. Williams, Jr., NAACP Legal Defense Fund, New York City, Russell T. Perkins, Richard H. Dinkins, Jr. (argued), Williams & Dinkins, Nashville, Tenn., and James M. Nabrit, III, NAACP Legal Defense & Educational Fund, New York City, Bud O. Patterson, NAACP Legal Defense & Educational Fund, Los Angeles, Cal., for plaintiffs-appellants.

Michael D. Pearigen, Charles W. Burson, Atty. Gen., Michael L. Parsons, Asst. Atty. Gen., Michael W. Catalano, Deputy Atty. Gen. (argued), Office of the Atty. Gen. of Tennessee, Nashville, Tenn., Fred D. Thompson, Thompson & Bussart, Ellen H. Pollack, Sabin R. Thompson, Law Office of Fred D. Thompson, and William R. Willis, Jr., and Jeffrey G. Rappuhn, Willis & Knight, Nashville, Tenn., for defendants-appellees.

Before MERRITT, Chief Judge; KEITH, KENNEDY, MARTIN, JONES, KRUPANSKY, WELLFORD, MILBURN, GUY, NELSON, RYAN, BOGGS and NORRIS, Circuit Judges, and ENGEL, Senior Circuit Judge.


ON PETITION FOR REHEARING EN BANC.

ENGEL, Senior Circuit Judge.

Our court voted for rehearing en banc in this appeal in an effort to resolve the uncertainties which have arisen within our circuit in the interpretation of Fed.R.App.P. 3(c) following the decision of the United States Supreme Court in Torres v. Oakland Scavenger Co., 487 U.S. 312, 108 S.Ct. 2405, 101 L.Ed.2d 285 (1988). As with most decisions interpreting...

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