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ASSOCIATION OF CLEVELAND FIRE v. CITY OF CLEVELAND

No. 06-3823.

502 F.3d 545 (2007)

ASSOCIATION OF CLEVELAND FIRE FIGHTERS; Local 93 of the International Association of Fire Fighters; Local 93 of the IAFF Individual Members, et al., Plaintiffs-Appellants, v. CITY OF CLEVELAND, OHIO; Civil Service Commission City of Cleveland, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 25, 2007.

Attorney(s) appearing for the Case

ON BRIEF: Joseph W. Diemert, Jr., Joseph W. Diemert, Jr. & Assoc., Cleveland, Ohio, for Appellants. Amy E. Marquit Renwald, City of Cleveland Law Department, Cleveland, Ohio, for Appellees.

McKEAGUE, J., delivered the opinion of the court, in which KENNEDY, J., joined. MOORE, J. (pp. 553-56), delivered a separate opinion concurring in part and dissenting in part.

OPINION

McKEAGUE, Circuit Judge.

Association of Cleveland Fire Fighters, Local 93 of the International Association of Fire Fighters and all individual members of Local 93, and individual fire fighters Samuel DeVito, Don Posante, and James Sliter (collectively, "Appellants") appeal from the district court's order dismissing their challenges to the residency requirement of the City of Cleveland (the "City"). Appellants allege that the residency requirement...

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