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BARFUS v. CITY OF MIAMI

Nos. 89-5640, 89-5641.

936 F.2d 1182 (1991)

Michael BARFUS, Jack Chambers, Michael Fisher, Darrell Hawks, Edmund Lamb, Robert Robinson, Terry Remland, Plaintiffs-Appellants, v. CITY OF MIAMI, Defendant-Appellee. Robert J. SULLIVAN, Plaintiff-Appellant, v. CITY OF MIAMI, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 26, 1991.

Attorney(s) appearing for the Case

Robert D. Klausner, Klausner & Cohen, P.A., Hollywood, Fla., for plaintiffs-appellants.

Albertine B. Smith, Kathryn S. Pecko, Asst. City Attys., Law Dept., Miami, Fla., for defendant-appellee.

Before CLARK and COX, Circuit Judges, and TUTTLE, Senior Circuit Judge.

CLARK, Circuit Judge:

This is an appeal by Miami firefighters (Barfus et al.) and a Miami police officer (Sullivan) from the district court's dismissal of their Title VII action for reverse discrimination as an impermissible collateral attack on a consent decree. The district court dismissed the complaints pursuant to Fed.R.Civ.P. 12(b)(1), reasoning that because the complaints constituted collateral attacks, the court lacked subject matter jurisdiction over appellants...

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