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SIMS v. TRUS JOIST MacMILLAN

No. 93-8256.

22 F.3d 1059 (1994)

John SIMS, Plaintiff-Appellant, v. TRUS JOIST MacMILLAN, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 9, 1994.

Attorney(s) appearing for the Case

Kenneth Dious, Dious, Bailey & Associates, Athens, GA, for plaintiff-appellant.

Christine E. Howard, Griffin B. Bell, Jr., Atlanta, GA, for defendant-appellee.

Susan L.P. Starr, EEOC, Office of General Counsel, Washington, DC, amicus curiae, E.E.O.C.

Before HATCHETT and DUBINA, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

DUBINA, Circuit Judge:

This appeal challenges an order of the district court which dismissed this case without prejudice1 and remanded it to the Equal Employment Opportunity Commission ("EEOC" or "Commission"). The district court based the order on its determination that it lacked subject matter jurisdiction because the EEOC has exclusive jurisdiction over discrimination charges for 180 days. The question we must resolve is whether a complainant...

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