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FAIR EMPLOY. COUNCIL v. BMC MARKETING CORP.

No. 93-7190.

28 F.3d 1268 (1994)

FAIR EMPLOYMENT COUNCIL OF GREATER WASHINGTON, INC., et al., Appellees, v. BMC MARKETING CORPORATION, t/a Snelling & Snelling Personnel Consultants, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 1994.

Attorney(s) appearing for the Case

John Gibson Mullan, Washington, DC, argued the cause for appellant. With him on the briefs were John S. Irving and Michael P. McDonald, Washington, DC.

Joseph M. Sellers, Washington, DC, argued the cause for appellees. With him on the brief were Roderic V.O. Boggs, Andrew T. Karron and Patricia H. Anderson, Washington, DC. Mark A. Kass, Joseph E. Schmitz, Lisa B. Fowler and Barbara B. Brown, Washington, DC entered an appearance.

On the brief for amicus curiae E.E.O.C., was Samuel A. Marcosson, Attorney, E.E.O.C., Washington, DC.

Before: SILBERMAN, WILLIAMS and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge, STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

While attending college, plaintiffs Ernest A. Tuckett III and William Demps, Jr. also worked as "testers" for the Fair Employment Council of Greater Washington. In December 1990, both Tuckett and Demps, who are black, were paired with white testers also employed by the Council. On successive days, the two pairs of testers — equipped with fake credentials...

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