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HARVEY v. CITY OF NEW BERN POLICE DEPT.

No. 86-3594.

813 F.2d 652 (1987)

Nathaniel HARVEY, Plaintiff-Appellant, v. CITY OF NEW BERN POLICE DEPARTMENT, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 19, 1987.

Attorney(s) appearing for the Case

John H. Harmon (Harmon & Raynor, on brief), New Bern, N.C., for plaintiff-appellant.

Joshua Whedbee Willey, Jr. (Ward, Ward, Willey & Ward, New Bern, N.C., on brief), for defendant-appellee.

Before HALL and CHAPMAN, Circuit Judges, and SENTELLE, United States District Judge for the Western District of North Carolina, sitting by designation.

CHAPMAN, Circuit Judge:

This claim was brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. At issue is whether the ninety day statutory period for filing an action with the district court commenced when the claimant's wife took delivery of the notice of right to sue. This is a matter of first impression with this circuit, and in affirming the decision of the district court, we adopt the flexible rule which has been...

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