# Carter v. Gallagher

> Court of Appeals for the Eighth Circuit · September 9, 1971 · 452 F.2d 315

URL: https://www.frixlaw.com/law-library/cases/8886833

## Case

- **Full name:** Gerald CARTER, and Minneapolis Commission on Human Relations, Plaintiff-Intervenor-Appellee v. Hugh GALLAGHER
- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** September 9, 1971
- **Citations:** 452 F.2d 315; 3 Fair Empl. Prac. Cas. (BNA) 900; 4 Empl. Prac. Dec. (CCH) 7616; 1971 U.S. App. LEXIS 8156
- **Precedential status:** Published
- **Opinion:** Concurrence by Matthes
- **Judges:** Gibson, Matthes, Oosterhout
- **Cited by:** 200 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8886833

## Opinion text

MATTHES, Chief Judge
(concurring).
As the panel opinion shows, I was opposed to the absolute preference requirement as enunciated in the district court’s opinion. Upon consideration of the petition for rehearing en banc, and briefs filed in support and opposition to the rehearing, I have concluded that the remedy fashioned by the opinion authored by Judge Gibson is appropriate and should be granted. Accordingly, I concur in the majority opinion on the petition for rehearing en banc.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8886833. Public record. Not legal advice.