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STUART v. ROACHE

No. 91-1483.

951 F.2d 446 (1991)

Anne G. STUART, et al., Plaintiffs, Appellants, v. Francis M. ROACHE, as he is Police Commissioner of the City of Boston, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 23, 1991.

Attorney(s) appearing for the Case

Barbara A.H. Smith, with whom Regina L. Quinlan and Quinlan & Smith, Boston, Mass., were on brief for plaintiffs, appellants.

Jonathan M. Albano, with whom Marianne C. DelPo, Bingham, Dana & Gould, Alan J. Rom, and Lawyers Committee for Civil Rights Under the Law of the Boston Bar Ass'n, Boston, Mass., were on brief for defendant, appellee, Massachusetts Ass'n of Minority Law Enforcement Officers.

William W. Porter, Asst. Atty. Gen., with whom Scott Harshbarger, Attorney General, and Eleanor Coe, Asst. Atty. Gen., Boston, Mass., were on brief for defendant, appellee, Massachusetts Personnel Adm'r.

Before BREYER, Chief Judge, ALDRICH, Senior Circuit Judge, and SELYA, Circuit Judge.

BREYER, Chief Judge.

For the past eleven years the Boston Police Department, when promoting officers to the position of sergeant, has followed terms of a Consent Decree that require it to favor minority officers solely because of their race. The basic question on this appeal is whether, in light of a recent Supreme Court case, City of Richmond v. J.A. Croson Co., 488 U.S. 469, 109 S.Ct. 706, 102 L.Ed.2d 854 (1989), those Consent...

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