Charles L. Jordan v. County of Los Angeles

726 F.2d 1366, 1984 U.S. App. LEXIS 25232, 36 Fair Empl. Prac. Cas. (BNA) 1592

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 23, 1984
• Docket: 79-3112
• Status: Published

Opinion

SECOND ORDER AMENDING OPINION

(Opinion, Aug. 18, 1983, 11 Cir.1983, 713 F.2d 503)

Before TANG, SCHROEDER and NELSON, Circuit Judges.

The Order Amending Opinion filed January 19, 1984, * is withdrawn.

The opinion filed August 18, 1983, is amended as follows:

After the fourth paragraph of the opinion, the following paragraph shall be inserted:

Falcon does not prohibit “across the board” class formation in every instance. See [General Telephone Co. v.] Falcon [457 U.S. 147], 102 S.Ct. [2364] at 2371 n. 15 [72 L.Ed.2d 740] (Across the board

actions aimed at a specific hiring practice are permissible under Rule 23). However, even though it would be permissible to form a class of all black applicants challenging a specified hiring practice, we must conclude after recomputation of the actual number of rejected black applicants, that such a class in the present case would still fail under the numerosity requirement of Rule 23.

* Editor’s Note: The only change made by the order of January 19, 1984, was the addition of a new paragraph after the fourth paragraph of the original opinion; the paragraph so added is revised by the second order of amendment.