NEW YORK (AP) _ A federal appeals court in New York has revived a lawsuit brought by a black Connecticut firefighter who claims he unjustly lost a promotion in a 2003 exam that became the subject of a U.S. Supreme Court ruling.

The 2nd U.S. Circuit Court of Appeals has sent Michael Briscoe’s case back to a lower court judge.

That judge initially dismissed it, apparently believing that the Supreme Court ruling had prevented Briscoe from suing.

The appeals court disagreed.

In the earlier case, 17 white firefighters and one Hispanic firefighter sued the city of New Haven, Conn.

The city had failed to certify results of an exam in which white candidates outperformed minority candidates. The results were certified after the Supreme Court ruled.

(Copyright 2011 by The Associated Press.  All Rights Reserved.)


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