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BILLISH v. CITY OF CHICAGO

Nos. 90-1650, 90-2182.

962 F.2d 1269 (1992)

Earl BILLISH, John Carasotti, Martin Dunne, Richard A. Graf, John Herling, Edward Jaquszewski, Dennis R. Smith, Henry Scavone and John Schmidt, Plaintiffs-Appellants, v. CITY OF CHICAGO and Louis T. Galante, individually and officially, Defendants-Appellees. CHICAGO FIRE FIGHTERS UNION, LOCAL NO. 2, John M. Craven and Larry W. Anoman, et al., Plaintiffs-Appellants, v. Richard M. DALEY, Louis T. Galante and Jesse Hoskins, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 4, 1992.

Rehearing Granted and Opinion Vacated July 8, 1992.

Attorney(s) appearing for the Case

John L. Gubbins (argued), Chicago, Ill., for plaintiffs-appellants in No. 90-1650.

Ruth M. Moscovitch, ACC, Appeals Div., Sarah Vanderwicken, Lawrence Rosenthal, DCC (argued), Frederick S. Rhine, ACC, Darka Papushkewych, Jay M. Kertez, Mardell Nereim, Kelly R. Welsh, ACC, Office of Corp. Counsel, Judson H. Miner, Davis, Miner, Barnhill & Galland, Chicago, Ill., for defendants-appellees.

Irving Gornstein, David K. Flynn, John R. Dunne, Asst. Attys. Gen., Dept. of Justice, Civil Rights Div., Appellate Section, Washington, D.C., for amicus curiae U.S.

Stephen B. Horwitz (argued), Robert S. Sugarman, Jacobs, Burns, Sugarman & Orlove, Chicago, Ill., for plaintiffs-appellants in No. 90-2182.

Before POSNER and RIPPLE, Circuit Judges, and GRANT, Senior District Judge.

Rehearing En Banc Granted and Opinion Vacated July 8, 1992.

RIPPLE, Circuit Judge.

While these two cases, Billish and Chicago Fire Fighters, are distinct lawsuits and were heard by different judges in the district court, the parties, counsel, legal issues, and facts in both cases significantly overlap. Accordingly, we consolidate them for purposes of decision on appeal. In both cases, nonminority members of the Chicago Fire Department (CFD) challenge...

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