Jeetendra BHANDARI, Plaintiff-Appellant, v. FIRST NATIONAL BANK OF COMMERCE, Defendant-Appellee

887 F.2d 609, 1989 U.S. App. LEXIS 16670, 53 Empl. Prac. Dec. (CCH) 39,761, 55 Fair Empl. Prac. Cas. (BNA) 226, 1989 WL 121186

• Court: Court of Appeals for the First Circuit
• Decided: November 2, 1989
• Docket: 85-3445
• Status: Published

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before CLARK, Chief Judge, GEE, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH and DUHÉ, * Circuit Judges.

PER CURIAM:

In Bhandari v. First National Bank of Commerce, 829 F.2d 1343 (5th Cir.1987) (en banc), we held that the protections of 42 U.S.C. Section 1981 do not extend to prohibit alienage discrimination by private persons, despite the Supreme Court authority of Runyon v. McCrary, 427 U.S. 160, 96 S.Ct. 2586, 49 L.Ed.2d 415 (1976) that those protections do extend to prohibit racial discrimination by such persons. On writ of certiorari, the Supreme Court has now vacated our judgment and remanded Bhandari to us “for further consideration in light of Patterson v. McLean Credit Union, 491 U.S. -, [109 S.Ct. 2363, 105 L.Ed.2d 132] (1989).” Having done so, we conclude that Patterson does not bear on our earlier decision; and we therefore reinstate that decision.

In Patterson, so far as is material here, the Court reaffirmed its decision in Runyon, declining to retreat from that holding despite having requested briefing on the question whether it was correctly decided. We arrived at our earlier en banc decision of this appeal in full recognition of the authority of Runyon, albeit expressing reservations along the way regarding its analysis; and its reaffirmance does not alter the precedential landscape that we must take into account in any relevant way. Those who dissented from our original en banc decision, while adhering to the views they there expressed on the merits of the issues, concur with the remainder of our court that Patterson does not affect today’s decision. 1 Our earlier mandate is therefore reinstated; it is so

ORDERED.

1 . These are Judges Reavley, Politz, King, Johnson, Jerre S. Williams and W. Eugene Davis.