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PEIGHTAL v. METROPOLITAN DADE COUNTY

No. 88-5496.

940 F.2d 1394 (1991)

Alan A. PEIGHTAL, Plaintiff-Appellant, v. METROPOLITAN DADE COUNTY, Metropolitan Fire Department of Dade County, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 4, 1991.

Attorney(s) appearing for the Case

Alexander Kapetanakis, Miami, Fla., for plaintiff-appellant.

John McInnis, Dade County Attorney's Office, Miami, Fla., for defendants-appellees.

Before TJOFLAT, Chief Judge, JOHNSON, Circuit Judge, and BROWN, Senior Circuit Judge.

JOHN R. BROWN, Senior Circuit Judge:

Foreword

As the Court is divided on the question of whether Croson requires remand to the District Court to determine whether there is a violation of the Equal Protection Clause, this opinion1 is constructed sharply to delineate the difference.

The Court is together on Parts I, II and III. In Part IV, the Court parts company. Judge Brown, in what is essentially his dissenting...

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