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VANGUARDS OF CLEVELAND v. CITY OF CLEVELAND

No. 92-4315.

23 F.3d 1013 (1994)

The VANGUARDS OF CLEVELAND, et al., Plaintiffs-Appellees, v. The CITY OF CLEVELAND, et al., Defendants-Appellees. Local Union No. 93, I.A.F.F., AFL-CIO, Intervenor-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 6, 1994.

Attorney(s) appearing for the Case

Edward R. Stege, Jr. (argued and briefed), Stege, Hickman & Lowder, Cleveland, OH, for plaintiffs-appellees.

Malcolm C. Douglas (argued and briefed), Office of the Director of Law, Cleveland, OH, for defendants-appellees.

Joseph W. Diemert, Jr. (argued and briefed), Joseph W. Diemert, Jr. & Assoc., Cleveland, OH, for intervenor-appellant.

Barbara L. Sloan (briefed), E.E.O.C., Office of Gen. Counsel, Washington, DC, amicus curiae E.E.O.C.

Before: MILBURN and GUY, Circuit Judges; and TIMBERS, Senior Circuit Judge.

MILBURN, Circuit Judge.

Intervenor, International Association of Firefighters, Local Number 93 ("Union"), appeals the decision of the district court modifying the terms of a 1983 consent decree entered into between the Vanguards, an association of black and hispanic firefighters in Cleveland, Ohio, and the City of Cleveland ("City"). On appeal, the issues are (1) whether the district court abused its discretion when it modified the consent decree without applying...

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