A sharply divided 2nd U.S. Circuit Court of Appeals has declined to rehear en banc a controversial Title VII case that may be headed for the U.S. Supreme Court.

Seven active judges of the circuit voted against a full rehearing of a case brought by firefighters who claimed the city of New Haven violated Title VII by its refusal to certify the results of two promotional exams. Six dissented from the denial in Ricci v. DeStefano, 06-4996-cv.

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