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WAISOME v. PORT AUTHORITY OF NEW YORK & NEW JERSEY

No. 1673, Docket 91-7213.

948 F.2d 1370 (1991)

Felix WAISOME; Freddie McMillan; Richard B. Keith; Robert L. Bethea; Ellsworth Corum, Jr.; Hillary King; Roderick W. Upshur on behalf of themselves and all those similarly situated, Plaintiffs-Appellants, v. The PORT AUTHORITY OF NEW YORK AND NEW JERSEY; the Board of Commissioners; Stephen Berger; Henry I. Degeneste; the Port Authority Police Benevolent Association, Incorporated, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 19, 1991.

Attorney(s) appearing for the Case

Eric Schnapper, New York City (Julius L. Chambers, Charles Stephen Ralston, NAACP Legal Defense and Educational Fund, Inc., of counsel), for plaintiffs-appellants.

Carlene V. McIntyre, New York City (Arthur P. Berg, Philip A. Maurer, James Begley, Milton H. Pachter, of counsel), for defendants-appellees The Port Authority of New York and New Jersey.

Samuel A. Marcosson, Washington, D.C. (Donald R. Livingston, Gwendolyn Young Reams, Vincent J. Blackwood, E.E.O.C., of counsel), for The E.E.O.C. as amicus curiae.

Douglas S. McDowell, Washington, D.C. (Robert E. Williams, Edward E. Potter, Garen E. Dodge, McGuiness & Williams, of counsel), for The Equal Employment Advisory Council as amicus curiae.

Before CARDAMONE, MINER and MAHONEY, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal is from a dismissal of a Title VII action alleging disparate impact. To prove its claim, the plaintiff class relied on statistics. Although Holmes predicted that "the man of the future is the man of statistics," O.W. Holmes, The Path of the Law, 10 Harv.L.Rev. 457, 469 (1897), his prophecy has proved overly optimistic. Lawyers and judges working with statistical evidence generally...

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