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CHILDRESS v. CITY OF RICHMOND, VA.

No. 96-1585.

120 F.3d 476 (1997)

David W. CHILDRESS; Augustus G. Harvey, Iii; Vincent J. Matassa; Henry W. Mease; Howard S. Noyes; Daniel G. Quinney; Florian E. Stachura, Plaintiffs-Appellants, and Virginia M. Downey; Janice M. Thompson, Plaintiffs, v. CITY OF RICHMOND, VIRGINIA; Jerry A. Oliver, Chief of Police of the City of Richmond, Virginia, in his official capacity as Chief of Police of the City of Richmond, Virginia; Marty M. Tapscott, Defendants-Appellees. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 5, 1997.

Rehearing Granted; Opinion Vacated September 24, 1997.

Attorney(s) appearing for the Case

ARGUED: Jay Joseph Levit, Levit & Mann, Richmond, VA, for Appellants. Jennifer Susan Goldstein, Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae. Beverly Agee Burton, Office Of The City Attorney, Richmond, VA, for Appellees. ON BRIEF: C. Gregory Stewart, General Counsel, Gwendolyn Young Reams, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae.

Before HALL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Rehearing En Banc Granted; Opinion Vacated September 24, 1997.

Affirmed in part, vacated in part, and remanded by published opinion. Judge HALL wrote the opinion, in which Judge MICHAEL and Senior Judge PHILLIPS joined.

OPINION

K.K. HALL, Circuit Judge:

Seven white male police officers filed an action alleging various civil rights violations by their employer, the City of Richmond, and their...

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