647 F. 2d 633 - Falcon v. General Telephone Company of Southwest

Appeals from the United States District Court for the Northern District of Texas; Sarah Tilghman Hughes, Judge.

E. Russell Nunnally, Dallas, Tex., Stephen W. Holt, San Angelo, Tex., for defendant-appellant, cross-appellee.

John E. Collins, Irving, Tex., Frank P. Hernandez, Garland, Tex., for plaintiff-appellee cross-appellant.

On Remand from the Supreme Court of the United States.

Before TUTTLE, RANDALL and TATE, Circuit Judges.

TUTTLE, Circuit Judge:

The judgment of this Court in this case having been vacated by the Supreme Court 101 S.Ct. 1752, and remanded for further consideration in light of Texas Department of Community Affairs v. Burdine, 450 U.S. --, 101 S.Ct. 1089, 67 L.Ed.2d -- (1981), the case is now remanded to the District Court for further proceedings not inconsistent with Burdine.

The Court did not deal with that part of our prior judgment that decided or remanded non-Burdine issues for further consideration of the trial court. We, therefore, reinstate Parts IV and V of our original opinion.

REMANDED.