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U.S. v. STATE OF NEW JERSEY

No. 98-6447.

194 F.3d 426 (1999)

UNITED STATES of America v. STATE OF NEW JERSEY; New Jersey State Department Of Personnel; Eugene McCaffrey; Ronald Burkhardt (Newark, New Jersey District Civil No. 88-5087) Donna Roman; Mary Vasquez; Cecilia A. Shinn; Carrie E. Reed v. New Jersey Dept. of Personnel; City of Newark (Newark, New Jersey District Civil No. 87-2331) Armadina Tahaney v. New Jersey Department of Personnel; Merit System Board (Newark, New Jersey District Civil No. 88-4080) State of New Jersey; New Jersey State Department of Personnel; and Anthony J. Cimino, Commissioner of Personnel, New Jersey State Department of Personnel, Appellants

United States Court of Appeals, Third Circuit.

Decided October 13, 1999.

Attorney(s) appearing for the Case

John J. Farmer, Jr., Attorney General of New Jersey, Joseph L. Yannotti, Assistant Attorney General, Don E. Catinello (argued), Deputy Attorney General, Todd A. Widger, Deputy Attorney General, Trenton, NJ, for Appellants, State of New Jersey, New Jersey State Department of Personnel and Anthony J. Cimino, Commissioner of Personnel, New Jersey State Department of Personnel.

Bill Lann Lee, Acting Assistant Attorney General, Dennis J. Dimsey, Timothy J. Moran (argued), Attorneys, Department of Justice, Washington, DC, for Appellee United States of America.

Peter W. Till, Wilf & Silverman, Short Hills, NJ, for Appellee Ronald Burkhardt.

BEFORE: GREENBERG, SCIRICA, and RENDELL, Circuit Judges

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. FACTUAL and PROCEDURAL HISTORY

A. Factual History

This matter comes on before this court on an appeal from an order entered on September 30, 1998, enforcing a settlement decree. The background of the case is as follows. In 1988, the United States sued the State of New Jersey, the New Jersey Department of Personnel and the New Jersey Commissioner of Personnel under Title VII of the...

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