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U.S. v. CITY OF WARREN, MICH.

Nos. 97-1024, 97-1075.

138 F.3d 1083 (1998)

UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. The CITY OF WARREN, MICHIGAN, Defendant-Appellee/Cross-Appellant, The City of Warren Police and Firefighter Civil Service Commission, Rule 19(a) Party, Defendant-Appellee (97-1024).

United States Court of Appeals, Sixth Circuit.

Decided March 16, 1998.

Attorney(s) appearing for the Case

Rebecca K. Troth (argued and briefed), U.S. Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, Richard S. Ugelow, Leslie T. Annexstein, U.S. Department of Justice, Civil Rights Division, Washington, DC, for Plaintiff-Appellant/Cross-Appellee.

Walter B. Connolly, Jr. (briefed), Miller, Canfield, Paddock & Stone, Detroit, MI, Alison B. Marshall (briefed), Steven C. Kahn (argued), Miller, Canfield, Paddock & Stone, Washington, DC, Erin Quinn Gery, McGuiness & Williams, Washington, DC, for Defendant-Appellee/Cross-Appellant.

James M. Hacker, Mt. Clemens, MI, for Defendant-Appellee.

Before: CONTIE, DAUGHTREY and COLE, Circuit Judges.

COLE, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. CONTIE, J. (pp. 1099-1101), delivered a separate opinion concurring in part and dissenting in part.

OPINION

COLE, Circuit Judge.

The United States appeals the district court's finding that it failed to establish that the City of Warren's pre-1986 recruiting practices for municipal positions, other than police and firefighter...

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