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N.A.A.C.P. v. NORTH HUDSON REGIONAL FIRE & RESCUE

Nos. 10-3965, 10-3983.

665 F.3d 464 (2011)

The NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE "NAACP"; the Newark Branch, NAACP; the New Jersey State Conference NAACP; Allen Wallace; Lamara Wapples; Altarik White v. NORTH HUDSON REGIONAL FIRE & RESCUE, a body corporate and politic of State of New Jersey; Alex M. DeRojas; Alexander Rodriguez; Randy Vasquez; Carlos Castillo; Orlando Duque; Pablo Claro, (Intervenors in D.C.) North Hudson Regional Fire & Rescue, a body corporate and politic of the State of New Jersey, Appellant.

United States Court of Appeals, Third Circuit.

Filed: December 12, 2011.

Attorney(s) appearing for the Case

David F. Corrigan [Argued], Keyport, NJ, for Appellants Carlos Castillo, Pablo Claro, Alex Matthew DeRojas, Orlando Duque, Alexander Rodriguez and Randy Vasquez.

Thomas R. Kobin [Argued], John L. Shahdanian, II, Chasan, Leyner & Lamparello, Secaucus, NJ, Thomas B. Hanrahan, River Edge, NJ, for Appellant N. Hudson Regional Fire & Rescue.

David L. Rose [Argued], Yuval Rubinstein, Rose Legal Advocates, Washington, DC, David Ben-Asher, Eugenie F. Temmler, Rabner, Allcorn, Baumgart, Ben-Asher & Tucker, Upper Montclair, NJ, for Appellees NAACP NJ Conference, NAACP Newark Branch, National Association for the Advancement of Colored People, Allen Wallace, Lamara Wapples and Altarik White.

Before: FISHER, HARDIMAN and GREENAWAY, JR., Circuit Judges.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

This appeal arises under Title VII of the Civil Rights Act of 1964, as amended in 1991. At issue is the legality of a residency requirement for firefighter candidates imposed by North Hudson Regional Fire and Rescue (North Hudson), a fire department comprising five New Jersey municipalities. The United States District Court for the District of New Jersey held the residency requirement invalid because it has a...

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