# Chance v. Board of Examiners & the Board of Education

> Court of Appeals for the Second Circuit · January 19, 1976 · 534 F.2d 993

URL: https://www.frixlaw.com/law-library/cases/8899014

## Case

- **Full name:** Boston M. CHANCE, and Louis C. Mercado, individually on behalf of all others similarly situated v. The BOARD OF EXAMINERS AND the BOARD OF EDUCATION OF THE CITY OF NEW YORK, and Council of Supervisors and Administrators of the City of New York, Local 1, SAS-CO, AFL-CIO, Intervenor-Appellant
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** January 19, 1976
- **Citations:** 534 F.2d 993
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Graafeiland, Meskill, Oakes
- **Cited by:** 2 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/8899014

## Opinion text

ON REHEARING
PER CURIAM:
Following our original opinion in this case a petition for rehearing and suggestion for hearing en banc was timely filed by the plaintiffs-appellees. While such petition was under consideration by the court, another panel decided Acha v. Beame, 531 F.2d 648 (2d Cir. 1976), and the Supreme Court decided Franks v. Bowman Transportation Co.,-U.S.-, 96 S.Ct. 1251 , 47 L.Ed.2d 444 , 44 U.S.L.W. 4356 (1976). Both these cases support the relief of constructive seniority afforded by this court to the plaintiffs in the Chance class, those who took and failed discriminatory supervisory examinations. They also bear on the relief to be afforded to the members of the Mercado class, so-called, those who “have failed to apply for or take such supervisory examinations because they reasonably believed the supervisory examination to be discriminatory and unrelated to job performance.” Chance v. Board of Examiners, 70 Civ. 4141 (S.D.N.Y. May 21, 1973) (order of Mansfield, J.), at 7. Accordingly we modify so much of our prior decree as relates to the Mercado class and order that the case be remanded to the district court with directions to accord constructive seniority to the members thereof who have heretofore established or can establish by the usual preponderance of the evidence that they qualify as such.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8899014. Public record. Not legal advice.