RUTHERFORD v. CITY OF CLEVELAND

No. 96-3967.

137 F.3d 905 (1998)

Janelle RUTHERFORD, Daniel David, John Rajic, Richard Dembie, James Hoban, James Imars, Steven Sakal, Andrew Christopher, Kevin Riley, Judith Torres, Norbert Kelssey, Deborah McClure, Deborah Evans, and Theodore Horak, On behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. CITY OF CLEVELAND, Defendant-Appellee, The Shield Club, Intervenor/Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 4, 1998.

Rehearing and Suggestion for Rehearing Denied April 27, 1998.


Attorney(s) appearing for the Case

Edward G. Kramer (argued and briefed), James M. Tighe (argued), Kramer & Niermann, Cleveland, OH, N. Stephen Nigolian, Cleveland, OH, for Janelle Rutherford.

Edward G. Kramer, Kramer & Niermann, Cleveland, OH, N. Stephen Nigolian, Cleveland, OH, for Plaintiffs-Appellants, except Janelle Rutherford.

Joseph John Jerse (argued), Corinne Katz Moore (briefed), City of Cleveland Law Department, Office of Director of Law, Cleveland, OH, Malcolm Douglas, Cleveland, OH, for City of Cleveland.

Before: MERRITT, WELLFORD, and MOORE, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied April 27, 1998.

OPINION

MOORE, Circuit Judge.

Plaintiffs-Appellants, two sub-classes composed of non-minority applicants for the position of police patrol officer in Cleveland, appeal the district court's order granting summary judgment in favor of Defendant-Appellee City of Cleveland ("City") and Defendant-Appellee The Shield Club ("Shield"). The appellants challenge the constitutionality of...

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