Patterson v. McLean Credit Union, 85-2394
| Decision Date | 16 October 1989 |
| Docket Number | No. 85-2394,85-2394 |
| Citation | 887 F.2d 484 |
| Parties | 51 Fair Empl.Prac.Cas. 1, 51 Empl. Prac. Dec. P 39,399 Brenda PATTERSON, Plaintiff-Appellant, v. McLEAN CREDIT UNION, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Harold L. Kennedy, III, Harvey L. Kennedy (Kennedy, Kennedy, Kennedy and Kennedy, Winston-Salem, N.C., on brief) for plaintiff-appellant.
H. Lee Davis, Jr. (George E. Doughton, Jr., Hutchins, Tyndall, Doughton and Moore, Winston-Salem, N.C., on brief) for defendant-appellee.
Before WIDENER and PHILLIPS, Circuit Judges and HAYNSWORTH, Senior Circuit Judge.
This case is now before us on remand from the Supreme Court, which affirmed in part and vacated in part our judgment in this case as reported in 805 F.2d 1143 (4th Cir.1986), and remanded the case for further proceedings. Patterson v. McLean Credit Union, --- U.S. ----, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989).
Obedient to the mandate of the Supreme Court, we vacate that part of the judgment of the United States District Court for the Middle District of North Carolina which found for defendant on plaintiff's claim that she was denied promotion in violation of 42 U.S.C. Sec. 1981, and remand that claim for further proceedings consistent with the opinion of the Supreme Court, see Patterson, --- U.S. at ----, 109 S.Ct. at 2376-79, and with this opinion.
On remand, the issue of the cognizability of the specific promotion-denial claim asserted by plaintiff should be considered an open one to be resolved in light of the Supreme Court's opinion, see Patterson, --- U.S. at ----, 109 S.Ct. at 2376, whether on the pleadings, or on motion for summary judgment, or by trial, as the course of further proceedings may warrant. See also Mallory v. Booth Refrigeration, 882 F.2d 908 (4th Cir.1989).
If the remanded claim is submitted to the jury, the court will of course be guided in its instructions to the jury by that portion of the Supreme Court's opinion disapproving as erroneous this court's affirmance of the instructions given on the original trial. See Patterson, --- U.S. at ----, 109 S.Ct. at 2376-79.
In all other respects, the judgment of the district court dismissing the federal claims of racial harassment and discharge in violation of Sec. 1981 and the pendent state claims for intentional infliction of emotional distress are affirmed in accordance with the earlier cited opinions of this court and of the Supreme Court.
In this connection, we observe that after the case had been remanded to us by the Supreme Court, plaintiff filed in this court a "Motion for Reconsideration on Remand" respecting her pendent state claim for intentional...
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Patterson v. McLean Credit Union
...mentioned above. When last before this Court, the case was on remand from the Fourth Circuit Court of Appeals, Patterson v. McLean Credit Union, 887 F.2d 484 (4th Cir. 1989), where the case was, in turn, on remand from the United States Supreme Court, Patterson v. McLean Credit Union, 491 U......
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Patterson v. McLean Credit Union
...claim and remanded the case for further proceedings consistent with the opinion of the Supreme Court, Patterson v. McLean Credit Union, 887 F.2d 484, 485 (4th Cir.1989). We directed the district court on remand to consider the promotion-denial claim made by Mrs. Patterson as "an open one to......
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Patterson v. McLean Credit Union
...opinion affirming in part and reversing in part our decision, 491 U.S. 164 (1989), and our opinion on remand from the Supreme Court, 887 F.2d 484 (1989). A brief recapitulation of those aspects of the case that remain relevant will suffice Patterson originally claimed violations of 42 U.S.C......
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Patterson v. McLean Credit Union, C-84-73-WS.
...favor of defendant on plaintiff's claim that she was denied a promotion in violation of 42 U.S.C. § 1981.1See Brenda Patterson v. McLean Credit Union, 887 F.2d 484 (4th Cir.1989). The Court of Appeals remanded that claim for further proceedings consistent with its opinion and that of the Su......