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PHILLIPS v. COHEN

No. 03-4190.

400 F.3d 388 (2005)

Willie S. PHILLIPS; Curtissene Anderson; Todd Brooks, Yulander Edwards; Emma Fields; Richard Goudy; Denise Goudy; Kevin Gray; Jackie McGrady; Susan McNeal; Carlisa Miles; Linda R. Pettes; Mary L. Phillips; Lisa Prater; Marcia Spence; Jean Washington, and Lerdon Woodfolk, Plaintiffs-Appellants, v. William S. COHEN, Secretary of Defense, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 9, 2005.

Attorney(s) appearing for the Case

ARGUED: Samuel N. Lillard, Mowery & Youell, Dublin, Ohio, for Appellants. Christopher R. Yates, Assistant United States Attorney, Columbus, Ohio, for Appellee. ON BRIEF: Samuel N. Lillard, Mowery & Youell, Dublin, Ohio, for Appellants. Christopher R. Yates, Assistant United States Attorney, Columbus, Ohio, for Appellee.

Before: COLE and ROGERS, Circuit Judges; COHN, District Judge.

COHN, D.J., delivered the opinion of the court, in which COLE, J., joined. ROGERS, J. (pp. 402-03), delivered a separate dissenting opinion.

OPINION

COHN, District Judge.

This is a race discrimination case under Title VII. Plaintiffs claim that facially neutral criteria used to determine promotions had the effect of discriminating against African-American employees in the Department of Defense's Defense Finance and Accounting Service, Columbus Center...

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