UNITED STATES OF AMERICA, APPELLANT,
v.
SCHOOL DISTRICT OF THE CITY OF JENNINGS ET AL., APPELLEES

8th Cir. | 1976-07-27
No. 75-1885
Before BRIGHT and HENLEY, Circuit Judges, and TALBOT SMITH, Senior District Judge.
539 F.2d 655 United States Court of Appeals for the Eighth Circuit (1976)

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Holding

The court held that the district court should reconsider the case in light of a prior, similar ruling by this court.


Facts & Procedural History

The United States sued a school district alleging a pattern and practice of employment discrimination against black applicants under Title VII. The di…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The United States sued the school district of the City of Jennings, Missouri (a St. Louis suburb), pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., alleging a pattern and practice of discrimination against black applicants for employment in faculty and staff positions. After a full trial, the district court ruled for the defendants. 399 F.Supp. 322 (E.D.Mo.1975).

Subsequent to that district court opinion, this court decided United States v. Hazelwood School District, 534 F. 2d 805 (8 Cir., 1976). In Hazelwood, the United States had sued the school district of the City of Hazelwood (also a St. Louis suburb) pursuant to Title VII, alleging a pattern and practice of discrimination against black applicants for employment in faculty and staff positions. This court granted relief to the United States.

The issues presented on appeal in this case are substantially identical to those in Hazelwood, and the facts here also seem comparable. Thus, we think it appropriate as a matter of judicial economy that the district court should reconsider this case in light of our opinion in Hazelwood.

Accordingly, we vacate the judgment of the district court and remand this case to it for further consideration.1

. We are aware that the Hazelwood School District has indicated that it will apply to the Supreme Court for a writ of certiorari to review this court’s Hazelwood opinion. We presume that the district court in its reconsideration of Jennings will await exhaustion of appellate review in Hazelwood.


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