Sidney Bishopp v. District of Columbia, a Municipal Corporation

Opinion for the Court filed by Circuit Judge SILBERMAN.

Concurring opinion filed by Circuit Judge WALD.

I

SILBERMAN, Circuit Judge:

Five white males, Sidney Bishopp, John Breen, William Q. Stickley, Floyd E. Yocum and Joseph E. Zeis appeal from the district court’s judgment in favor of the District of Columbia denying their Title VII claims. Appellants, now retired from the District of Columbia Fire Department, allege that in 1974 they were discriminatorily denied promotion to the position of Assistant Fire Chief — Operations (AFCO). The position was filled instead by Jefferson Lewis, a black…