Opinion
No. 79-3112.
February 23, 1984.
Alan Terakawa, Los Angeles, Cal., for defendant-appellee.
Walter Cochran-Bond, A. Thomas Hunt, Los Angeles, Cal., for plaintiff-appellant.
Before TANG, SCHROEDER and NELSON, Circuit Judges.
SECOND ORDER AMENDING OPINION
(Opinion, Aug. 18, 1983, 11 Cir. 1983. 713 F.2d 503).
The Order Amending Opinion filed January 19, 1984, is withdrawn.
The opinion filed August 18, 1983, is amended as follows:
After the fourth paragraph of the opinion, the following paragraph shall be inserted:
Falcon does not prohibit "across the board" class formation in every instance. See [ General Telephone Co. v.] Falcon [ 457 U.S. 147], 102 S.Ct. [2364] at 2371 n. 15 [72 L.Ed.2d 740] (Across the board actions aimed at a specific hiring practice are permissible under Rule 23). However, even though it would be permissible to form a class of all black applicants challenging a specified hiring practice, we must conclude after recomputation of the actual number of rejected black applicants, that such a class in the present case would still fail under the numerosity requirement of Rule 23.