726 F2d 1366 Jordan v. County of Los Angeles

726 F.2d 1366

36 Fair Empl.Prac.Cas. 1592

Charles L. JORDAN, Plaintiff-Appellant,
COUNTY OF LOS ANGELES, Defendant-Appellee.

No. 79-3112.

United States Court of Appeals,
Ninth Circuit.

Feb. 23, 1984.

Alan Terakawa, Los Angeles, Cal., for defendant-appellee.

Walter Cochran-Bond, A. Thomas Hunt, Los Angeles, Cal., for plaintiff-appellant.


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

Before TANG, SCHROEDER and NELSON, Circuit Judges.

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The Order Amending Opinion filed January 19, 1984,* is withdrawn.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


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