# 2 Fair empl.prac.cas. 926, 2 Empl. Prac. Dec. P 10,235 Mildred Harkless v. The Sweeny Independent School District

> Court of Appeals for the Fifth Circuit · June 2, 1970 · 427 F.2d 319

URL: https://www.frixlaw.com/law-library/cases/9455700

## Case

- **Full name:** Mildred HARKLESS Et Al., Plaintiffs-Appellants, v. the SWEENY INDEPENDENT SCHOOL DISTRICT Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** June 2, 1970
- **Citations:** 427 F.2d 319; 14 Fed. R. Serv. 2d 250; 2 Empl. Prac. Dec. (CCH) 10,235; 2 Fair Empl. Prac. Cas. (BNA) 926; 1970 U.S. App. LEXIS 8955
- **Precedential status:** Published
- **Opinion:** Dissent by Jones
- **Judges:** Jones, Bell, God-Bold
- **Cited by:** 222 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/9455700

## How later opinions describe it (automated extraction)

- holding that “under our system of law, a decision of a higher court is binding as a precedent to the extent of the ratio decidendi of the case”
- finding that district court committed reversable error by trying an equitable claim for back pay to a jury
- holding that back pay awards are diminished by earnings in the interim

## Opinion text

JONES, Circuit Judge,
(dissenting).
I am in agreement with the district court in its holding that Monroe v. Pape, 1961, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 , means what it says and that it requires dismissal of appellants’ complaint for failure to state a claim upon which relief can be granted.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9455700. Public record. Not legal advice.