No. 94-1878.

64 F.3d 962 (1995)

GREENSBORO PROFESSIONAL FIRE FIGHTERS ASS'N, LOCAL 3157; Steven B. Zimmerman, Plaintiffs-Appellants, v. CITY OF GREENSBORO, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 1995.

Attorney(s) appearing for the Case

ARGUED: M. Travis Payne, Edelstein & Payne, Raleigh, NC, for appellants. Martin Nesbitt Erwin, Smith, Helms, Mulliss & Moore, L.L.P., Greensboro, NC, for appellee. ON BRIEF: Julie C. Theall, Smith, Helms, Mulliss & Moore, L.L.P., Greensboro, NC, for appellee.

Before NIEMEYER, HAMILTON, and WILLIAMS, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge HAMILTON and Judge WILLIAMS joined.


NIEMEYER, Circuit Judge:

Steven B. Zimmerman, a firefighter in the Greensboro, North Carolina Fire Department, was passed over for promotion to captain despite being ranked first on the Fire Department's promotion list. Zimmerman sued the City of Greensboro under 42 U.S.C. § 1983, alleging that the City denied him the promotion...

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