PATRICK RESENDIS, TONY ESCOBEDO, WILBURN WHITE, ARTURO RODRIGUEZ AND ELIAS GONZALES, PLAINTIFFS-APPELLANTS,
v.
LEE WAY MOTOR FREIGHT, INC., ET AL., DEFENDANTS-APPELLEES
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The court remanded the case to the District Court for further findings regarding prima facie discrimination and individual discrimination claims, in light of new Supreme Court precedent.
The Supreme Court vacated this court's prior judgment and remanded for reconsideration in light of new precedent. The prior judgment had affirmed some…
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PER CURIAM:
The Supreme Court of the United States, 1977, 431 U.S. 952, 97 S.Ct. 2669, 53 L.Ed.2d 268, vacated the judgment of this Court in Resendis v. Lee Way Motor Freight, Inc., 5 Cir. 1974, 505 F. 2d 69, and remanded the cause to this Court for further consideration in light of East Texas Motor Freight System, Inc. v. Rodriguez, 1977, 431 U.S. 395, 97 S.Ct. 1891, 52 L.Ed.2d 453.
In our decision, 505 F. 2d 69, we affirmed the holding of the District Court that plaintiffs Arturo Rodriguez and Wilburn White failed to prove that the defendant discrimi nated against them. That part of our judgment is reaffirmed. We held, however, that the plaintiffs had proved an unrebut-ted prima facie case of discrimination by the defendant against Mexican-American city drivers. We held also that plaintiffs Resendis, Escobedo, and Gonzales had proved that they had suffered discrimination from the defendant and we reversed the District Court’s holding to the contrary.
We now remand the cause to the District Court for that court to decide whether the plaintiffs made out a prima facie case of discrimination against Mexican-American city drivers and whether plaintiffs Resen-dis, Escobedo, and Gonzales proved that they were discriminated against by the defendant. The District Court’s findings and conclusions should be made in light of Rodriguez, 431 U.S. 395, 97 S.Ct. 1891, International Brotherhood of Teamsters v. United States, 1977, 431 U.S. 324, 97 S.Ct. 1843, 52 L.Ed.2d 396, and other relevant decisions of the Supreme Court and of this Court rendered since the trial of this case. The parties should be free to submit new evidence subject to such limitations as the District Court may appropriately impose.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Int'l Bhd. of Teamsters v. United States, 431 U.S. 324 (U.S. 1977)
- E. Tex. Motor Freight Sys., Inc. v. Rodriguez, 431 U.S. 395 (U.S. 1977)
- Resendis v. LEE WAY Motor Freight, Inc., 505 F.2d 69 (5th Cir. 1974)
- Lee Way Motor Freight, Inc. v. Resendis, 431 U.S. 952 (U.S. 1977)
- Union Carbide Corp. v. Nance, 431 U.S. 952 (U.S. 1977)