Opinion

Carter v. Gallagher

  • 452 F.2d 315
  • 3 Fair Empl. Prac. Cas. (BNA) 900
  • 4 Empl. Prac. Dec. (CCH) 7616
  • 1971 U.S. App. LEXIS 8156
Court
Court of Appeals for the Eighth Circuit
Filed
Sep 9, 1971
Status
Published
Author
Matthes
On the bench
Gibson, Matthes, Oosterhout
Cited by
200 cases

upholding 1 to 2 hiring ratio until 20 minority firefighters have been hired

How later courts described this case

  • upholding 1 to 2 hiring ratio until 20 minority firefighters have been hired
  • municipal fire department ordered to hire minority persons pursuant to a set ratio until 20 qualified minority persons had been employed
  • involving the Minneapolis Fire Department
  • "even the anti-preference treatment section of the new Civil Rights Act of 1964 does not limit the power of a court to order affirmative relief to correct the effects of past unlawful practices"

Written by the judges who cited it.

The opinion

MATTHES, Chief Judge

(concurring).

As the panel opinion shows, I was opposed to the absolute preference requirement as enunciated in the district court’s opinion. Upon consideration of the petition for rehearing en banc, and briefs filed in support and opposition to the rehearing, I have concluded that the remedy fashioned by the opinion authored by Judge Gibson is appropriate and should be granted. Accordingly, I concur in the majority opinion on the petition for rehearing en banc.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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