BACKLUND v. HESSEN

No. 95-4229.

104 F.3d 1031 (1997)

Wade BACKLUND, on Behalf of Himself and All Other Persons Similarly Situated, Appellant, v. Neal J. HESSEN, Mary Peterson, and Janet Nelson, in Their Official Capacity as Commissioners of the Civil Service Board of the City of Duluth, Minnesota; Karl Nollenberger, in His Official Capacity as Secretary and Responsible Authority of the Civil Service Board of the City of Duluth, Minnesota; Duane Flynn, in His Individual Capacity and in His Official Capacity as Chief of the Fire Department of the City of Duluth, Minnesota; Civil Service Board of the City of Duluth, Minnesota, a Political Subdivision of the City of Duluth and State of Minnesota; and City of Duluth, Minnesota, a Municipal Corporation and Political Subdivision of the State of Minnesota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 14, 1997.

Order Denying Rehearing and Rehearing February 13, 1997.


Attorney(s) appearing for the Case

Josh Jacobson, argued Minneapolis, MN (Peter Nickitas, Superior, WI, on the brief), for appellant.

Mary Alison Lutterman, argued, Duluth, MN, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, and FLOYD R. GIBSON and MORRIS SHEPPARD ARNOLD, Circuit Judges.


Order Denying Rehearing and Rehearing En Banc February 13, 1997.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Wade Backlund appeals the district court's dismissal of his claim of employment discrimination. We reverse and remand.

I.

Mr. Backlund applied for a job as a firefighter with the City of Duluth Fire Department ("Fire Department"). He earned the highest score on a written examination and was placed first on a ranked list of eligible candidates...

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