JOHNSON v. SEABOARD AIR LINE RAILROAD COMPANY

Nos. 12154, 12155.

405 F.2d 645 (1968)

Ray JOHNSON, Appellant, v. SEABOARD AIR LINE RAILROAD COMPANY, Appellee. Charles W. WALKER, Appellant, v. PILOT FREIGHT CARRIERS, INC., Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 29, 1968.

Certiorari Denied March 24, 1969.


Attorney(s) appearing for the Case

Robert Belton, New York City (Jack Greenberg, James M. Nabrit, III, Gabrielle A. Kirk, New York City, J. LeVonne Chambers, Charlotte, N. C., Conrad O. Pearson, Durham, N. C., Joseph W. Bishop, Jr., New Haven, Conn., Albert Rosenthal, New York City, and Sanford Jay Rosen, Baltimore, Md., on brief) for appellants.

Thomas Ashe Lockhart and W. Thomas Ray, Charlotte, N. C. (John S. Cansler, Cansler & Lockhart, Charlotte, N. C., and John W. Weldon, Jacksonville, Fla., on brief) for appellee Seaboard Air Line Railroad Co.

Brown Hill Boswell, Charlotte, N. C. (J. W. Alexander, Jr., and Blakeney, Alexander & Machen, Charlotte, N. C., on brief) for appellee Pilot Freight Carriers, Inc.

Russell Spector, Senior Atty., Equal Employment Opportunity Commission (Kenneth F. Holbert, Acting Gen. Counsel, David R. Cashdan, Atty., Equal Employment Opportunity Commission, John Doar, Asst. Atty. Gen., David L. Norman, Elihu E. Leifer, Attys., Dept. of Justice, and Macon L. Weaver, U. S. Atty., on brief) for Equal Employment Opportunity Commission as amicus curiae.

Before BOREMAN, WINTER and CRAVEN, Circuit Judges.


Certiorari Denied March 24, 1969. See 89 S.Ct. 1189.

CRAVEN, Circuit Judge:

Whether an actual attempt by the Equal Employment Opportunity Commission to eliminate an unlawful employment practice is a jurisdictional prerequisite to a suit by an individual plaintiff1 under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(e) is the question presented by these appeals. We think not and reverse the orders of the district...

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