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OVERNITE TRANSPORTATION CO. v. EQUAL EMPLOYMENT OP. COM'N

No. 25521.

397 F.2d 368 (1968)

OVERNITE TRANSPORTATION COMPANY, Appellant, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellee.

United States Court of Appeals Fifth Circuit.

July 5, 1968.

Attorney(s) appearing for the Case

William M. Pate, Atlanta, Ga., J. W. Alexander, Jr., Brown Hill Boswell, Charlotte, N. C., for appellant; Mitchell, Clarke, Pate & Anderson, Atlanta, Ga., Blakeney, Alexander & Machen, Charlotte, N. C., of counsel.

Russell Specter and David Cashdan, Attys., Daniel Steiner, Gen. Counsel, Equal Employment Opportunity Commission, Washington, D. C., for appellee.

Before BROWN, Chief Judge, BELL, Circuit Judge, and HOOPER, District Judge.

GRIFFIN B. BELL, Circuit Judge:

This case presents an important procedural question in the administration of Title VII of the Civil Rights Act of 1964 by the Equal Employment Opportunity Commission. The Commission duly issued a demand for access to evidence pursuant to § 709(a) of the Civil Rights Act of 1964. 42 U.S.C.A. § 2000e-8(a).1 There is no issue as to service on the employer...

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