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MIDDLETON v. CITY OF FLINT

Civ. A. No. 90-CV-40148-FL.

810 F.Supp. 874 (1993)

Charles MIDDLETON, W. Osmund Kelly, III, Brian Sepanak, Bruce Sepanak, Stephen Hill, Gregory Doerr, Barry Saunders, Robert Lorey, Maynard Newman, James McClellan, Mark Campbell, and Thomas Hilgendorf, Plaintiffs, v. The CITY OF FLINT, a municipal corporation, and The Flint Police Officers Association, Defendants.

United States District Court, E.D. Michigan, S.D., at Flint.

January 7, 1993.

Attorney(s) appearing for the Case

Gregory T. Gibbs, Flint, MI, Michael J. Kelly, Edwin W. Jakeway, Grand Blanc, MI, for plaintiffs.

Terrence J. Miglio, Donna R. Nuyen, Christopher M. Murray, Detroit, MI, Bernard Feldman, Troy, MI, for defendants.

MEMORANDUM OPINION AND ORDER

NEWBLATT, District Judge.

Facts and Procedural History

This is a fourteenth amendment challenge to the City of Flint's affirmative action plan ("Plan") for promoting police officers to sergeant. The Plan established hiring requirements that may fairly be characterized as a 1:1 hiring quota. When the Flint Police Department requires additional police sergeants, it hires alternately a minority applicant and a caucasian...

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