Vivenzio v. City of Syracuse

Judge LIVINGSTON concurs, in a separate opinion joined by Judge VITALIANO.

KEARSE, Circuit Judge:

Plaintiffs David Vivenzio and Scott Wilkinson, Caucasian applicants for positions in the fire department of defendant City of Syracuse (“City”), appeal from so much of a judgment of the United States District Court for the Northern District of New York, David N. Hurd, Judge, as granted summary judgment against them, and denied summary judgment in their favor, on their claims that the City denied their employment applications on the basis of race in violation of the Equal Protection Clause of the…