COOPER v. ALLEN

No. 73-2849.

493 F.2d 765 (1974)

Robert J. COOPER, Plaintiff-Appellant-Cross Appellee, v. Ivan ALLEN, Jr., Mayor of the City of Atlanta, Georgia, et al., etc., Defendants-Appellees-Cross Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 6, 1974.


Attorney(s) appearing for the Case

Robert Neil Dokson, Michael H. Terry, David A. Webster, Elizabeth R. Rindskopf, Atlanta, Ga., for plaintiff-appellant.

Robert Wiggins, Henry L. Bowden, Atlanta, Ga., for defendants-appellees.

Before GEWIN, GOLDBERG and CLARK, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 6, 1974.

CLARK, Circuit Judge:

On the first appeal of this case asserting racial discrimination in employment,1 we invalidated a testing procedure and remanded the cause to the district court with directions to grant relief to plaintiff unless the City of Atlanta could prove by clear and convincing evidence that when Robert J. Cooper sought employment in 1969 as a municipal golf professional...

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