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MORRIS v. RICE

No. 92-1316.

985 F.2d 143 (1993)

James B. MORRIS, Plaintiff-Appellant, v. Donald B. RICE, Secretary of Air Force, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 29, 1993.

Attorney(s) appearing for the Case

Edward Harold Passman, Passman & Kaplan, P.C., Washington, DC, argued, for plaintiff-appellant.

Maury S. Epner, Asst. U.S. Atty., Baltimore, MD, argued (Richard D. Bennett, U.S. Atty., on brief), for defendant-appellee.

Before NIEMEYER and HAMILTON, Circuit Judges, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

We are presented with the novel procedural question of whether a district court, conducting a de novo review of the remedy portion of an Equal Employment Opportunity Commission (EEOC) decision in a race discrimination case, is bound by factual findings of the EEOC that support its finding of liability or, stated otherwise, whether the court may reconsider EEOC-found facts insofar as they relate to the remedy issues...

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