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DILLON v. COLES

Nos. 83-5831, 83-5803.

746 F.2d 998 (1984)

Doreen A. DILLON, Appellant in 83-5831, v. Ricardo COLES, individually and in his official capacity as the Director of Youth Forestry Camp Number 1, Youth Forestry Camp Number One, Helen O'Bannon, individually and in her capacity as the Secretary of the Pa. Dept. of Public Welfare, and The Pa. Dept. of Public Welfare. Appeal of Ricardo COLES, Youth Forestry Camp Number One, and the Pennsylvania Department of Public Welfare.

United States Court of Appeals, Third Circuit.

Decided October 29, 1984.

Attorney(s) appearing for the Case

John Stember (argued), Daniel L. Haller, Neighborhood Legal Services Association, Pittsburgh, Pa., for appellant/cross-appellee Doreen Dillon.

Leroy S. Zimmerman, Atty. Gen., Allen C. Warshaw, Sr. Deputy Atty. Gen., Chief, Litigation Section, Harrisburg, Pa., Sheila M. Ford (argued), Deputy Atty. Gen., Pittsburgh, Pa., for appellees/cross-appellants Ricardo Coles, et al.

Before ALDISERT, Chief Judge, WEIS, Circuit Judge, and RE, Chief Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this Title VII case, the defendants' burden of producing evidence to show that plaintiff would not have been hired even absent discrimination was an integral part of the liability phase of the case. The district court, viewing the issue as a relief inquiry, incorrectly placed a burden of persuasion on defendants, but in the circumstances here, the ruling is not reversible. In addition, we agree with the district...

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