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OTIS v. CITY OF CHICAGO

No. 92-1342.

29 F.3d 1159 (1994)

Arlene OTIS, Plaintiff-Appellant, v. CITY OF CHICAGO, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 18, 1994.

Attorney(s) appearing for the Case

Ramsay Laing Klaff, Ramsay Laing Klaff (argued), Chicago, IL, for plaintiff-appellant.

Amy E. Neuman, Frank B. Garrett, III, Robbins, Schwartz, Nicholas, Lifton & Taylor, Kelly R. Welsh, Julian Henriques (argued), Eileen Brewer, Benna R. Solomon, Office of the Corp. Counsel, Appeals Div., Chicago, IL, for defendant-appellee.

Before POSNER, Chief Judge, and CUMMINGS, BAUER, CUDAHY, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION, KANNE, and ROVNER, Circuit Judges.

EASTERBROOK, Circuit Judge.

We set this case for hearing en banc to decide whether an order dismissing the suit, but allowing the litigant an option of reinstatement, becomes a "final decision," and therefore may be appealed under 28 U.S.C. § 1291, once the time to use the option has expired. Our answer is "yes."

I

On August 1, 1989, the Commission on Chicago Landmarks laid off Arlene Otis. She filed this suit under Title VII of the Civil Rights...

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