Thomas O. CANITIA, Plaintiff-Appellant, v. YELLOW FREIGHT SYSTEM, INC., Defendant-Appellee

The opinion filed in this cause January 23, 1990, and reported at 894 F.2d 196, is withdrawn following reconsideration in response to defendant Yellow Freight System, Inc.’s (YFS’) petition for rehearing. We have reviewed our decision carefully in light of the petition for rehearing, the response of plaintiff, and the record in this cause. This careful review of the record before us establishes that we relied on *1065erroneous factual information, and may have used unnecessarily confusing language in describing the applicable legal burdens in a Title YII case.

Plaintiff Thomas Canitia sued his…