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BIRMINGHAM FIRE FIGHT. ASS'N 117 v. BIRMINGHAM, AL

No. 08-16604.

603 F.3d 1248 (2010)

BIRMINGHAM FIRE FIGHTERS ASSOCIATION 117, Wilks Class, et al., Plaintiffs-Appellees, v. CITY OF BIRMINGHAM, AL, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 22, 2010.

Attorney(s) appearing for the Case

Tiffany N. Johnson, Tuskegee, AL, Brandy Murphy Lee, Lee Law Firm, LLC, Birmingham, AL, for Defendant-Appellant.

Raymond P. Fitzpatrick, Jr., Fitzpatrick & Brown, LLP, Birmingham, AL, Rowan D. Wilson, New York City, Aaron L. Dettling, Leslie Allen Coyne, Ed R. Haden, Balch & Bingham, Gary L. Brown, Fitzpatrick, Cooper & Clark, LLP, Birmingham, AL, Kristy J. Greenberg, Cravath Swaine & Moore, LLP, New York City, for Plaintiffs-Appellees.

J. Kenneth Thompson, Hand Arendall LLC, Birmingham, AL, for Amicus Curiae.

Before BLACK, MARCUS and HIGGINBOTHAM, Circuit Judges.

BLACK, Circuit Judge:

Following decades of civil-rights litigation regarding discriminatory employment practices, the district court for the Northern District of Alabama assumed a direct supervisory role over the Personnel Board of Jefferson County in 2002. Incident to its supervisory function, the district court appointed two individuals to the three-member Board when vacancies arose in 2007. Shortly thereafter, the Alabama legislature passed Act 408, which entirely...

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