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KIRKLAND v. N.Y. STATE DEPT. OF CORREC. SERVICES

Nos. 828, 909, Dockets 82-7830, 82-7874.

711 F.2d 1117 (1983)

Edward L. KIRKLAND, Joseph P. Bates, Sr., Arthur E. Suggs, each individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. The NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES; Thomas A. Coughlin, III, individually and in his capacity as Commissioner of the New York State Department of Correctional Services; the New York State Civil Service Commission; Joseph Valenti, individually and in his capacity as President of the New York State Civil Service Commission and Civil Service Commissioner; Josephine Gambino and James McFarland, each individually and in his/her capacity as Civil Service Commissioner, Defendants-Appellees, Frederick E. Althiser, et al., Intervenors-Appellants-Appellees,

United States Court of Appeals, Second Circuit.

Decided June 8, 1983.

Attorney(s) appearing for the Case

O. Peter Sherwood, New York City (Jack Greenberg, Penda D. Hair, New York City, of counsel), for plaintiffs-appellees.

Barbara B. Butler, Asst. Atty. Gen., State of N.Y., New York City (Robert Abrams, Atty. Gen. of State of N.Y., Dennis H. Allee, First Asst. Atty. Gen., Albany, N.Y., George D. Zuckerman, Asst. Sol. Gen., Ann Horowitz, Asst. Atty. Gen., New York City, of counsel), for defendants-appellees.

Richard R. Rowley, Albany, N.Y. (Rowley, Forrest & O'Donnell, P.C., Ronald G. Dunn, Mark T. Walsh, Jr., Albany, N.Y., of counsel), for Althiser, et al., intervenors-appellants-appellees.

Herbert B. Halberg, New York City (Beck, Halberg & Williamson, Roman Beck, New York City, of counsel), for McClay et al., intervenors-appellees-appellants.

Before FEINBERG, Chief Judge, and LUMBARD and KEARSE, Circuit Judges.

LUMBARD, Circuit Judge:

Edward Kirkland and other minority Correction Sergeants in the New York State Department of Correctional Services ("DOCS") brought this class action on January 15, 1982 alleging that Promotional Examination No. 36-808 ("Exam 36-808"), given on October 3, 1981 for the position of Correction Lieutenant by DOCS and the New York Civil Service Commission ("CSC"), and Exam 36-808's resulting eligibility list are racially discriminatory against blacks...

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