Falcon v. General Telephone Co. of Southwest, 78-3587

Decision Date29 May 1981
Docket NumberNo. 78-3587,78-3587
Citation647 F.2d 633
Parties25 Fair Empl.Prac.Cas. 1735, 26 Empl. Prac. Dec. P 32,062 Mariano S. FALCON, Plaintiff-Appellee Cross-Appellant, v. GENERAL TELEPHONE COMPANY OF the SOUTHWEST, Defendant-Appellant Cross-Appellee.
CourtU.S. Court of Appeals — Fifth Circuit

Appeals from the United States District Court for the Northern District of Texas; Sarah Tilghman Hughes, Judge.

E. Russell Nunnally, Dallas, Tex., Stephen W. Holt, San Angelo, Tex., for defendant-appellant, cross-appellee.

John E. Collins, Irving, Tex., Frank P. Hernandez, Garland, Tex., for plaintiff-appellee cross-appellant.

On Remand from the Supreme Court of the United States.

Before TUTTLE, RANDALL and TATE, Circuit Judges.

TUTTLE, Circuit Judge:

The judgment of this Court in this case having been vacated by the Supreme Court 101 S.Ct. 1752, and remanded for further consideration in light of Texas Department of Community Affairs v. Burdine, 450 U.S. --, 101 S.Ct. 1089, 67 L.Ed.2d -- (1981), the case is now remanded to the District Court for further proceedings not inconsistent with Burdine.

The Court did not deal with that part of our prior judgment that decided or remanded non-Burdine issues for further consideration of the trial court. We, therefore, reinstate Parts IV and V of our original opinion.

REMANDED.

ON PETITION FOR REHEARING

It appearing that in our Order of May 29, 1981, we did not fully specify our non-Burdine issues, we now amend the last sentence of that Order to read as follows: We therefore, reinstate parts I, II, IV, V and VI of our original opinion.

To continue reading

Request your trial
9 cases
  • Payne v. Travenol Laboratories, Inc.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • April 22, 1982
    ...vacated and remanded on other grounds, 450 U.S. 1036, 101 S.Ct. 1752, 68 L.Ed.2d 234 (1981), reinstated in part and remanded in part, 647 F.2d 633 (1981), cert. granted, --- U.S. ----, 102 S.Ct. 668, 70 L.Ed.2d 637 (1981); Long v. Sapp, 502 F.2d 34 (5th Cir. 1974), Carr v. Conoco Plastics, ......
  • Falcon v. General Telephone Co. of Southwest
    • United States
    • U.S. District Court — Northern District of Texas
    • June 17, 1985
    ...of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). 3 626 F.2d 369 (5th Cir.1980); 647 F.2d 633 (5th Cir.1981) (the Burdine remand); 686 F.2d 261 (5th Cir.1982) (the class certification remand). The last order of remand concluded: "We reinstate such parts o......
  • Freeman v. Motor Convoy, Inc.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • March 21, 1983
    ...626 F.2d 369 (5th Cir.1980), vacated on other grounds, 450 U.S. 1036, 101 S.Ct. 1752, 68 L.Ed.2d 234 (1981), reinstated in part, 647 F.2d 633 (5th Cir.1981), rev'd, --- U.S. ----, 102 S.Ct. 2364, 72 L.Ed.2d 740 In Falcon, the plaintiff, a Mexican-American employee of the defendant company, ......
  • Falcon v. General Telephone Co.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • April 23, 1987
    ...68 L.Ed.2d 234 (1981). We then in turn vacated our decision on the promotion claim but reaffirmed the certification of the class. 647 F.2d 633 (5th Cir.1981). Before the case reached the District Court on remand, however, the Supreme Court agreed to hear argument on the class certification ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT