As a result, a district court subsequently ordered the city to promote 14 of the white firefighters.
Historically, he said, white firefighters paid little or no initiation fees to join the association.
But it went too far, white firefighters said.
The city will have to settle somehow with the white firefighters.
Like other white firefighters, he concedes that there is more to being a good officer than the ability to remember what is in a book.
The plan had been attacked by white firefighters and the Reagan Administration.
An additional 35 white firefighters have claims pending against the city, which is appealing the damage verdicts.
A 1989 Supreme Court decision permitted the white firefighters to intervene in the case to challenge the settlement.
No white firefighters lost their jobs as a result of the plan, and most promotions were delayed only by a matter of months.
In the Birmingham case, white firefighters are challenging an affirmative-action plan that was accepted by their union.