ERIE HUMAN RELATIONS COMMISSION Et Al., Appellees, v. Hon. Louis J. TULLIO, Mayor of the City of Erie, Et Al., Appellants

Inasmuch as there was a finding of racial discrimination in the selection of police officers by public officials in Erie and the district court restricted the mandated hiring procedure to persons qualified to act as police officers, I agree with the majority that the district court did not abuse its equitable discretion in ordering the city officials to hire one black person for any white person hired until the twenty new police positions created by a specially financed program are filled.

*376However, I would reverse the district court’s failure to dismiss the Erie Human Relations Commission as a…