Jordan v. Los Angeles County
| Decision Date | 23 February 1984 |
| Docket Number | No. 79-3112,79-3112 |
| Citation | 726 F.2d 1366 |
| Parties | 36 Fair Empl.Prac.Cas. 1592 Charles L. JORDAN, Plaintiff-Appellant, v. COUNTY OF LOS ANGELES, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
(Opinion, Aug. 18, 1983, 11 Cir.1983, 713 F.2d 503)
Before TANG, SCHROEDER and NELSON, Circuit Judges.
The Order Amending Opinion filed January 19, 1984, * is withdrawn.
The opinion filed August 18, 1983, is amended as follows:
After the fourth paragraph of the opinion, the following paragraph shall be inserted:
Falcon does not prohibit "across the board" class formation in every instance. See [General Telephone Co. v.] Falcon , 102 S.Ct. [2364] at 2371 n. 15 (Across the board actions aimed at a specific hiring practice are permissible under Rule 23). However, even though it would be permissible to form a class of all black applicants challenging a specified hiring practice, we must conclude after recomputation of the actual number of rejected black applicants, that such a class in the present case would still fail under the numerosity requirement of Rule 23.
* The only change made by the order of January 19, 1984, was the addition of a new paragraph after the fourth paragraph of the original opinion; the paragraph so added is revised by the second order of amendment.
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