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HAYES v. NORTH STATE LAW ENFORCEMENT OFFICERS ASS'N

Nos. 92-2299, 92-2300.

10 F.3d 207 (1993)

Ronald M. HAYES; Randy L. Hagler; Darrell A. Price; David H. Holland; Robert A. Holl; Oswald D. Holshouser; Raymond T. Carlton; S. Vance Elstrom; Mark E. Corwin, Plaintiffs-Appellees, v. NORTH STATE LAW ENFORCEMENT OFFICERS ASSOCIATION, Defendant-Appellant, City of Charlotte, NC, Defendant-Appellee. Ronald M. HAYES; Randy L. Hagler; Darrell A. Price; David H. Holland; Robert A. Holl; Oswald D. Holshouser; Raymond T. Carlton; S. Vance Elstrom; Mark E. Corwin, Plaintiffs-Appellees, v. CITY OF CHARLOTTE, NC, Defendant-Appellant, North State Law Enforcement Officers Association, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 27, 1993.

Attorney(s) appearing for the Case

Jim D. Cooley, Womble, Carlyle, Sandridge & Rice, Charlotte, NC, argued (F. Lane Williamson, on brief), for appellant City of Charlotte.

Geraldine Sumter, Ferguson, Stein, Watt, Wallas, Adkins & Gresham, P.A., Charlotte, NC, argued (James E. Ferguson, II, on brief), for appellant North State Law Enforcement Officers Ass'n.

Louis L. Lesesne, Jr., Lesesne & Connette, Charlotte, NC, for appellees.

Before ERVIN, Chief Judge, and NIEMEYER and WILLIAMS, Circuit Judges.

OPINION

WILLIAMS, Circuit Judge:

In this appeal, the City of Charlotte contends that its interest in effective law enforcement justifies the use of a race-based promotion policy to achieve diversity within its police department. Plaintiffs, a group of non-minority officers who allege they were not promoted because of their race, challenge the City's explicit use of racial preference in promotions to the rank of sergeant. The district court granted partial...

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