Judge Rivas, concurring and dissenting in part
How later courts described this case
- Judge Rivas, concurring and dissenting in part
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING
Before RIYES, Circuit Judge, and HUNTER, District Judge. *
PER CURIAM:
The District Court held that no pattern or practice of discrimination existed. The majority here, in its opinion, held that the District Court had discretion to omit action altogether on this phase of the complaint. Whether so or not, we are now persuaded that when as here the District Court makes such a finding it is our obligation to pass on its correctness.
Was the finding that there was no pattern or practice in the discrimination by the Registrar clearly erroneous? The answer to that question must clearly be “yes.” To this extent, our original judgment is modified. In the light of that holding, we are persuaded in this case that the question of further relief should be first ruled on by the District Court. To the extent indicated by this opinion the petition for rehearing is granted and in other particulars it is denied.
As amended and modified, the case is remanded for further proceedings not inconsistent herewith.
Judge CAMERON participated in the original decision but died before the peti-tiou for rehearing was decided. \ U ^