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BURGH v. BOROUGH COUNCIL OF BOROUGH OF MONTROSE

No. 99-4032.

251 F.3d 465 (2001)

Timothy M. BURGH, v. BOROUGH COUNCIL OF The BOROUGH OF MONTROSE Timothy Burgh, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed May 25, 2001.

Attorney(s) appearing for the Case

David S. Dessen, Esquire (Argued), Dessen, Moses & Sheinoff, 1814 Chestnut Street Philadelphia, PA 19103, Attorney for Appellant.

Patrick J. Murphy, Esquire (Argued), Murphy, Piazza & Genello, 538 Spruce Street Scranton Life Building, Suite 300 Scranton, PA 18503, Attorneys for Appellee.

Before ROTH, RENDELL and STAPLETON, Circuit Judges. (Opinion filed May 25, 2001)

OPINION OF THE COURT

ROTH, Circuit Judge:

Plaintiff Timothy M. Burgh, an African American male, applied for a job as a part-time police officer with the Borough of Montrose (Pennsylvania) Police Department. He was not hired for the position, which was filled by a white male with no prior on-the-job police experience. Burgh brought suit against the Borough under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and under the...

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