Arlene Otis v. City of Chicago
Court of Appeals for the Seventh Circuit
1Opinion of the Court
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 Act of 1964, contending that the City acted because she is black rather than for its stated reason, lack of funds. The district court appointed counsel…
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