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AURIEMMA v. RICE

No. 89-1479.

910 F.2d 1449 (1990)

John AURIEMMA, Daniel Coll, Marshall Consadine, Renaldo Cozzi, Kenneth Curin, Russell Ditusa, Thomas Faragoi, Lawrence Forberg, John Hinchy, Kathryn Kajari, George Marcin, Patrick McDonough, Walter Murphy, John Rafter, Dominic Rizzi, James Stampnick, Thomas Walton, and Roger Whalen, Plaintiffs-Appellees, v. Fred RICE, Defendant-Appellant, and City of Chicago, Defendant.

United States Court of Appeals, Seventh Circuit.

Reargued May 30, 1990.

Decided August 20, 1990.

Attorney(s) appearing for the Case

John L. Gubbins, Gubbins & Associates, Chicago, Ill., for plaintiffs-appellees.

Judson H. Miner, Office of the Corp. Counsel, Ruth M. Moscovitch, Asst. Corp. Counsel, Office of the Corp. Counsel, Appeals Div., Frederick S. Rhine, Asst. Corp. Counsel, James D. Montgomery, Corp. Counsel, Office of the Corp. Counsel, Matthew J. Piers, Gessler, Flynn, Fleischmann, Hughes & Socol, Phillip H. Snelling, Asst. Corp. Counsel, Office of the Corp. Counsel, Langdon D. Neal and Earl L. Neal, Neal & Associates, Chicago, Ill., for defendant-appellant.

Before BAUER, Chief Judge, CUMMINGS, WOOD, Jr., CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION and KANNE, Circuit Judges.

Reargued En Banc May 30, 1990.

WOOD, Jr., Circuit Judge,1 joined by CUMMINGS, POSNER, COFFEY, EASTERBROOK, RIPPLE and MANION, Circuit Judges.

This case was brought by eighteen white officers of the Chicago police department who were demoted by defendant Fred Rice, a black former superintendent of the Chicago police department. Plaintiffs claim they were demoted because of their race in violation of the equal protection clause of...

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