Opinion · Court of Appeals for the Sixth Circuit

McCann L. REID, Plaintiff-Appellant, v. MEMPHIS PUBLISHING COMPANY, Defendant-Appellee

McCann L. REID, Plaintiff-Appellant, v. MEMPHIS Publ’g Co., Defendant-Appellee, 525 F.2d 986 (6th Cir. 1975)

Type
Opinion
Court
Court of Appeals for the Sixth Circuit
Jurisdiction
Federal
Date
1975-11-05
Topic
general

ORDER This cause came on to be heard on the petition for rehearing of 521 F.2d 512, with a suggestion that it be reheard en banc. A majority of the active Judges of this Court having voted against an en banc hearing, said petition for rehearing was considered by the panel, and was found not to be well taken. It is therefore Ordered that the petition for rehearing be and it is hereby denied. EDWARDS, Circuit Judge, dissents.

Citator

UpLaw has not yet analyzed McCann L. REID, Plaintiff-Appellant, v. MEMPHIS PUBLISHING COMPANY, Defendant-Appellee. The absence of a flag is not a finding that it is good law.

Cited by
5 opinions
REID v. MEMPHIS PUBLISHING CO.,525 F.2d 986(6th Cir. 1975)
McCANN L. REID, PLAINTIFF-APPELLANT, v. MEMPHIS PUBLISHING COMPANY,
DEFENDANT-APPELLEE.
Nos. 74-1761, 74-1762.
United States Court of Appeals, Sixth Circuit.
November 5, 1975.
Before WEICK, EDWARDS and CELEBREZZE, Circuit Judges.
[1] ORDER
[2] This cause came on to be heard on the petition for rehearing of521 F.2d 512, with a suggestion that it be reheard en banc. A majority of the active Judges of this Court having voted against an en banc hearing, said petition for rehearing was considered by the panel, and was found not to be well taken.

[3] It is therefore Ordered that the petition for rehearing be and it is hereby denied.

[4] EDWARDS, Circuit Judge, dissents.
[5] EDWARDS, Circuit Judge (dissenting).
[6] The motion for rehearing in banc in this case should be granted to determine whether or not this Circuit will enforce the E.E.O.C. regulation (29 C.F.R. § 1605.1) requiring reasonable accommodation of religious beliefs.

[7] The District Judge who tried this case on remand found that defendant Memphis Publishing Co. "did not make any attempt to accommodate the religious needs of the plaintiff." The record supports him completely.

[8] Rule35(a) of the Federal Rules of Appellate Procedure provides for in banc hearings to maintain uniformity of decisions and to deal with questions of exceptional importance. In my view the majority opinion inReid II,521 F.2d 512(6th Cir. 1975) is in direct conflict withCummins v. Parker Seal,516 F.2d 544(6th Cir. 1975), and with the opinions of all three of the judges inReid I,468 F.2d 346(6th Cir. 1972). Full court consideration is essential to establishing a consistent rule of law in relation to the reasonable accommodation to religious beliefs provisions contained in29 C.F.R. § 1605.1and42 U.S.C. § 2000e(j) (1972).