MCCALL ET AL.

v.

WATT, SECRETARY OF THE INTERIOR, ET AL.

Citator

Cited By (12 total)

• Johnson v. Uncle Ben's, Inc., 657 F.2d 750 (5th Cir. 1981)
  …e we had held once the plaintiff had established a prima facie case of disparate treatment, the burden was upon the defendant to rebut this showing by a preponderance of the evidence. Ray v. Freeman, 626 F. 2d 439, 443 (5th Cir. 1980), cert. denied, 450 U.S. 997, 101 S.Ct. 1701, 68 L.Ed.2d 198 (1981); Turner v. Texas Instruments, Inc., 555 F. 2d 1251, 1255 (5th Cir. 1977). In addition, we required that the defendant prove that the person actually hired was better qualified than the plaintiff. Falcon v. Ge…
• Carter v. Estelle, 677 F.2d 427 (5th Cir. 1982)
  …ure of proof of an essential element but merely as failure as to the manner of proper proof. This argument is based upon an interpretation of Compton v. State, 607 S.W. 2d 246, 249 (Tex.Cr.App.1980) (en banc) (on motion for rehearing), cert. denied, 450 U.S. 997, 101 S.Ct. 1701, 68 L.Ed.2d 197 (1981). In Compton, the defendant had been indicted for theft of $10,000.25 The indictment alleged that the money was owned by a J. Howard Coonen. Coonen was a regional manager for International Harvester Corporatio…
• Evans v. U.S. Pipe & Foundry Co., 696 F.2d 925 (11th Cir. 1983)
  …55 F.R.D. 62, 67 (D.D.C.1972). The “like or related” rule, on the other hand, has also been interpreted conservatively where the EEOC charge and investigation were more limited. See, e.g., Ray v. Freeman, 626 F. 2d 439 (5th Cir.1980), cert. denied, 450 U.S. 997, 101 S.Ct. 1701, 68 L.Ed.2d 198 (1981); Bussey v. Hamilton Kent Manufacturing Co., 23 FEP 745 (N.D.Ga.1980); EEOC v. Griffin Wheel Co., 12 FEP 523 (N.D.Ala.1976). The starting point for determining the permissible scope of the judicial complaint is…