Hicks v. Brown Group, Inc.

U.S. Court of Appeals for the Eighth Circuit
Hicks v. Brown Group, Inc., 946 F.2d 1344 (8th Cir. 1991)
1991 U.S. App. LEXIS 23611; 57 Empl. Prac. Dec. (CCH) 41,041; 56 Fair Empl. Prac. Cas. (BNA) 1688; 1991 WL 204330

Hicks v. Brown Group, Inc.

Opinion of the Court

ORDER

On March 18, 1991, the United States Supreme Court vacated the judgment of this court in the present case and remanded the case to this court for further consideration in light of this court’s en banc opinion to be filed in Taggart v. Jefferson County Child Support Enforcement Unit, 915 F.2d 396 (8th Cir.) (Taggart), reh ’g en banc granted, 934 F.2d 1414 (1990). Brown Group, Inc. v. Hicks, - U.S. -, 111 S.Ct. 1299, 113 L.Ed.2d 234 (1991).

On June 6, 1991, this court filed its en banc opinion in Taggart holding that, after the Supreme Court’s decision in Patterson v. McLean Credit Union, 491 U.S. 164, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989), discriminatory discharge claims are not actionable under 42 U.S.C. § 1981. 935 F.2d 947, 948 (8th Cir. 1991). The mandate in Taggart was issued in August 1991.

Pursuant to the directions of the Supreme Court, we have reconsidered our opinion in light of this court’s en banc opinion in Taggart. Accordingly, we now reverse the judgment of the district court and remand the case to the district court with directions to dismiss the complaint with prejudice.

Reference

Full Case Name
Kenneth G. HICKS, Appellee/cross-appellant v. BROWN GROUP, INC., d/b/a Brown Shoe Company, Inc., Appellant/cross-appellee
Cited By
3 cases
Status
Published