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WILSON v. BAILEY

No. 90-7666.

934 F.2d 301 (1991)

Michael David WILSON and Ted R. Williams, Plaintiffs-Appellants, v. Mel BAILEY, James E. Johnson, Patricia Hoban-Moore, Roderick Beddow, Jr., David Graff, Jefferson County Personnel Board, Jefferson County, Defendants-Appellees, John W. Martin, Major Florence, Ida McGruder, Sam Coar, Eugene Thomas, Charles Howard, Intervenors-Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 24, 1991.

Attorney(s) appearing for the Case

W. Eugene Rutledge, Birmingham, Ala., for plaintiffs-appellants.

Gorham, Waldrep, Stewart, Kendrick & Bryant, Barry W. Tucker, LaVeeda Morgan Battle, Birmingham, Ala., for Personnel Bd. of Jefferson County, Ala.

Robert D. Joffe, New York City, for John W. Martin, et al.

Dominick, Fletcher, Yeilding, Wood & Lloyd, P.A., J. Fred Wood, Jr., Terry McElheny, Birmingham, Ala., for Mel Bailey, Sheriff of Jefferson Co., Ala.

Charles S. Wagner, Asst. County Atty., Birmingham, Ala., for Jefferson County, Ala.

Before KRAVITCH and JOHNSON, Circuit Judges, and MORGAN, Senior Circuit Judge.

JOHNSON, Circuit Judge:

This case arises on appeal following a bench trial in which the district court found in favor of the defendants in this reverse discrimination suit.

I. STATEMENT OF THE CASE

A. Background Facts

In 1974 and 1975, three actions were brought in the Northern District of Alabama alleging discrimination by the city of Birmingham in its employment practices. The city of Birmingham, Jefferson County ("the County"...

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