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U.S. Court of Appeals for the Eleventh Circuit, 1988

James HILL, Et Al.-Appellants v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY-Appellee

James HILL, Et Al.-Appellants v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY-Appellee
U.S. Court of Appeals for the Eleventh Circuit · Decided July 12, 1988 · Kravitch, Clark, Morgan
848 F.2d 1522; 1988 U.S. App. LEXIS 9860; 47 Empl. Prac. Dec. (CCH) 38,132; 47 Fair Empl. Prac. Cas. (BNA) 426; 1988 WL 63449 (Federal Reporter, Second Series)

Counsel

Isabel Gates Webster, Gary W. Walker, Atlanta, Ga., for plaintiffs-appellants., Paul A. Howell, Jr., Kutak Rock & Campbell, Atlanta, Ga., for defendant-ap-pellee.

James HILL, Et Al.-Appellants v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY-Appellee

Cases that cite this one

24 later published cases cite this decision. The 21 that cite it most often are listed here.

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Opinion

ON PETITION FOR REHEARING

(Opinion April 11, 1988, 11 Cir., 841 F.2d 1533)

Before KRAVITCH and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge. PER CURIAM:

Appellant Samuel Andrews has petitioned this court for rehearing of that part of our prior decision dealing with Mr. Andrews individually. See Hill v. Metropolitan Atlanta Rapid Transit Authority, 841 F.2d 1533, 1544 (11th Cir. 1988). The petition for rehearing is GRANTED. Leaving all other portions of our opinion intact, we hereby delete those portions of our prior opinion discussing Mr. Andrews and insert the following in place of the fifteenth paragraph of Section III, 841 F.2d at 1543:

Because the district court did not make a finding as to why the following plaintiffs were denied relief with respect to their applications for bus driver, we remand the cases of David Johnson, Clifford Mitchell, and Alvin Shorts for an adjudication of their claims. We remand *1523 the cases of Harry Terrell and Samuel Andrews for a slightly different reason. Terrell applied June 1, 1979, and Andrews applied September 29,1978. Their applications were rejected for no apparent reason. Although the district court found that Terrell became disabled in 1984 and suggested that Andrews became disabled in 1979, the court did not hold that there was any valid reason for the failure to consider these men initially. Accordingly, they may be entitled to damages for the failure to employ them before they became disabled.

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