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LOVE v. PULLMAN COMPANY

Nos. 209-69, 226-69.

430 F.2d 49 (1970)

Earl A. LOVE, Plaintiff-Appellant, v. The PULLMAN COMPANY, an Illinois corporation, Defendant-Appellee, and United States of America, and Equal Employment Opportunity Commission, Intervenors. The PULLMAN COMPANY, an Illinois Corporation, Defendant-Cross Appellant, v. Earl A. LOVE, Plaintiff-Cross Appellee.

United States Court of Appeals Tenth Circuit.

On Rehearing July 30, 1970.

Attorney(s) appearing for the Case

Hugh J. McClearn, Denver, Colo. (Frederick Miles and Van Cise, Freeman, Tooley & McClearn, Denver, Colo., with him on the briefs), for appellant and cross-appellee.

Edward C. Eppich, Denver, Colo., (Neef, Swanson, & Myer, Denver, Colo., with him on the brief), for appellee and cross-appellant, The Pullman Co.

Benjamin W. Mintz, Atty., Dept. of Justice, Washington, D. C. (Stephen P. Passek, Atty., Dept. of Justice, Washington, D. C., and James L. Treece, U. S. Atty., with him on the brief), for intervenor, the United States.

Russell Specter, Acting Gen. Counsel, Washington, D. C. (Marian Halley, Washington, D. C., Atty., with him on the brief), for intervenor, Equal Employment Opportunity Commission.

Before FAHY, Senior Circuit Judge, and LEWIS and SETH, Circuit Judges.

On Rehearing in No. 209-69 July 30, 1970.

SETH, Circuit Judge.

Appellant brought suit pursuant to 42 U.S.C.A. § 2000e-5(f), a portion of Title VII of the Civil Rights Act of 1964, alleging that he was discriminated against in employment because he was a Negro. The appellee moved to dismiss the complaint on the ground that the charge was not timely filed with the Equal Employment Opportunity Commission and that appellant's cause of action was moot. The...

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