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PAIGE v. CALIFORNIA

No. 01-55312.

291 F.3d 1141 (2002)

Jeff D. PAIGE, individually & on behalf of others similarly situated, Plaintiff-Appellee, v. State of CALIFORNIA; California Highway Patrol; Edward Richard Gomez; Dwight Helmick, Commissioner of California Highway Patrol, Defendants-Appellants, and Business, Transportation & Housing Agency, of the State of California; Maurice NMI Hannigan, in his official capacity as Commissioner of the California Highway Patrol, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed May 31, 2002.

As Amended on Denial of Rehearing and Rehearing July 18, 2002.

Attorney(s) appearing for the Case

Joel M. Cohn, Esq., Akin, Gump, Strauss, Hauer & Feld, Washington, DC, for the defendants-appellants.

Della Bahan, Esq., Bahan & Associates, Pasadena, CA, for the plaintiff-appellee.

Before REINHARDT, KOZINSKI and HAWKINS, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc July 18, 2002.

OPINION

REINHARDT, Circuit Judge.

This case has a long and difficult history. The allegations are serious; the plaintiffs, highway patrol officers who are members of racial minorities, allege that their employer, the California Highway Patrol ("CHP"), maintains a promotional process that discriminates against them on the basis of race. The district court and this court have struggled...

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