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HOWE v. CITY OF AKRON

No. 11-3752.

723 F.3d 651 (2013)

William HOWE, et al., Plaintiffs-Appellees, v. CITY OF AKRON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 22, 2013.

Attorney(s) appearing for the Case

ARGUED: Irene C. Keyse-Walker , Tucker Ellis LLP, Cleveland, Ohio, for Appellant. Dennis R. Thompson , Thompson & Bishop Law Offices, Akron, Ohio, for Appellees. ON BRIEF: Irene C. Keyse-Walker , Benjamin C. Sassé , Tucker Ellis LLP, Cleveland, Ohio, Cheri B. Cunningham , Patricia Ambrose-Rubright , Michael J. Defibaugh , City of Akron, Akron, Ohio, for Appellant. Dennis R. Thompson , Christy B. Bishop , Thompson & Bishop Law Offices, Akron, Ohio, Bruce B. Elfvin , Barbara K. Besser , Stuart Torch , Elfvin & Besser, Cleveland, Ohio, for Appellees.

Before: COLE and DONALD, Circuit Judges; RUSSELL, District Judge.

OPINION

COLE, Circuit Judge.

Defendant-Appellant City of Akron ("the City") appeals the district court's interlocutory order to promote eighteen Akron Fire Department ("AFD") firefighters. The order was issued after a jury trial resulted in verdicts and a judgment concluding that, under Title VII, the Age Discrimination in Employment Act ("ADEA") and Ohio law, the 2004 AFD firefighters' promotional exam adversely impacted twelve Caucasian Captain candidates...

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