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MIDDLETON v. CITY OF FLINT, MICH.

Nos. 93-1367, 93-1368.

92 F.3d 396 (1996)

Charles MIDDLETON; W. Osmund Kelly, III; Brian Sepanak; Bruce Sepanak; Stephen Hill; Gregory Doerr; Barry Saunders; Robert Lorey; Maynard Newman; James McLellan; Thomas Hilgendorf, Plaintiffs-Appellants, Cross-Appellees, v. The CITY OF FLINT, MICHIGAN, Defendant-Appellee, Cross-Appellant, The Flint Police Officers Association, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided August 6, 1996.

Attorney(s) appearing for the Case

Gregory T. Gibbs (argued and briefed), Michael J. Kelly (briefed), Flint, MI, for Plaintiffs-Appellants, Cross-Appellees.

Donna R. Nuyen (argued), Terrence J. Miglio, Christopher M. Murray (briefed), Keller, Thoma, Schwarze, Schwarze, Dubay & Katz, Detroit, MI, for Defendant-Appellee, Cross-Appellant.

Donna R. Nuyen (argued), Keller, Thoma, Schwarze, Schwarze, Dubay & Katz, Detroit, MI, Bernard Feldman, Troy, MI, for Defendant in No. 93-1367.

Before: KRUPANSKY, BOGGS, and SUHRHEINRICH, Circuit Judges.

BOGGS, Circuit Judge.

The city of Flint, Michigan, adopted a plan in 1985 requiring that 50% of all police officers who are promoted to the rank of sergeant be members of specified "minority" groups. This action under 42 U.S.C. §§ 1983 and 1981 was brought by white police officers who have been passed over at least once1 for promotion because the plan required that minorities be promoted ahead of them to maintain the designated...

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