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FITZPATRICK v. CITY OF ATLANTA

No. 92-8306.

2 F.3d 1112 (1993)

Walter FITZPATRICK, Wayne E. Hall, William J. Hutchinson, Thomas Jones, Darryl J. Levette, Miguelito Marcelli, Andre D. Mitchell, Dennis Bernard Thomas, Melvin Whitehead, Gregory Wilkinson, Alfonzo L. Williams, and Elton M. Worthy, Plaintiffs-Appellants, v. CITY OF ATLANTA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 27, 1993.

Attorney(s) appearing for the Case

Michael Weinstock, Weinstock & Scavo, Atlanta, GA, for plaintiffs-appellants.

Miguelito Marcelli, pro se.

Overtis Hicks Brantley, City of Atlanta Law Dept., Atlanta, GA, for defendant-appellee.

Paul Bogas, EEOC, Washington, DC, Rosalind A. Rubens, Willie Jake Lovett, Jr., Atlanta, GA, for amicus EEOC.

Before FAY and ANDERSON, Circuit Judges, and RONEY, Senior Circuit Judge.

ANDERSON, Circuit Judge:

This suit was brought against the City of Atlanta ("the City") by several African-American firefighters employed by the Atlanta Department of Public Safety, Bureau of Fire Services ("the Fire Department") who suffer from a medical condition on account of which they cannot shave their faces. Plaintiffs challenge a fire department regulation that requires all firefighters to be clean-shaven. They allege (1) that this "no-beard" rule has a discriminatory...

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