PATTERSON v. NEWSPAPER & MAIL DELIVERERS' UNION

Nos. 1476, 1480, Dockets 92-7964, 92-6242.

13 F.3d 33 (1993)

John R. PATTERSON; Roland J. Broussard; Elmer Stevenson, on their own behalf and on behalf of all other persons similarly situated, and Equal Employment Opportunity Commission, Plaintiffs-Appellants, v. NEWSPAPER & MAIL DELIVERERS' UNION OF NEW YORK & VICINITY, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 20, 1993.


Attorney(s) appearing for the Case

Jennifer S. Goldstein, E.E.O.C., Washington, DC (Donald R. Livingston, Gen. Counsel, Gwendolyn Young Reams, Assoc. Gen. Counsel, and Vincent J. Blackwood, Asst. Gen. Counsel, E.E.O.C., on the brief), for plaintiff-appellant, E.E.O.C.

Charles Stephen Ralston, New York City (Elaine R. Jones, Marina C. Hsieh, N.A.A.C.P. Legal Defense & Educational Fund, Inc., New York City, and Penda D. Hair, N.A.A.C.P. Legal Defense & Educational Fund, Inc., Washington, DC, on the brief), for plaintiffs-appellants Patterson, Broussard, and Stevenson.

Jedd Mendelson, New York City (Grotta, Glassman & Hoffman, on the brief), for defendant-appellee New York Times Co.

Kathleen M. McKenna, New York City (Julia Henick, Proskauer Rose Goetz & Mendelsohn, on the brief), for defendant-appellee Daily News, L.P.

Before: NEWMAN, Chief Judge, VAN GRAAFEILAND and ALTIMARI, Circuit Judges.


JON O. NEWMAN, Chief Judge:

This appeal primarily concerns the appropriate standard for modification of a consent decree in litigation not involving a governmental entity as a party. The Equal Employment Opportunity Commission ("EEOC") and a class of minority employees appeal from the July 30, 1992, order of the District Court for the Southern District of New York (William C. Conner, Judge), vacating in its entirety a consent decree originally approved in 1974.

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