MARIANO S. FALCON, PLAINTIFF-APPELLEE CROSS-APPELLANT,
v.
GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, DEFENDANT-APPELLANT CROSS-APPELLEE

5th Cir. | 1981-05-29
No. 78-3587
647 F.2d 633 Court of Appeals for the Fifth Circuit (1981) Negative Treatment
Cited by 16 cases

Opinion of the Court
TUTTLE, Circuit Judge:

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-jBurdine 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.

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