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ROGERS v. EQUAL EMPLOYMENT OPPORTUNITY COM'N

No. 30651.

454 F.2d 234 (1971)

Dr. N. Jay ROGERS et al., Petitioners-Appellees, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 31, 1972.

Attorney(s) appearing for the Case

Marian Halley, Atty., Stanley P. Hebert, Gen. Counsel, E. E. O. C., Washington, D. C., Julia P. Cooper, Gen. Atty., Robert Nicholas, Asst. U. S. Atty., Beaumont, Tex., David Copus, E. E. O. C., Washington, D. C., for respondent-appellant.

Robert Q. Keith, C. M. Bradford, Mehaffy, Weber, Keith & Gonsoulin, Beaumont, Tex., for petitioners-appellees.

Before GOLDBERG, GODBOLD and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 31, 1972.

GOLDBERG, Circuit Judge:

This Equal Employment Opportunity case comes to us in a preliminary and undefinitive posture. We are asked to limit at the threshold the investigative scope of the Equal Employment Opportunity Commission on the ground that the Commission seeks evidence of a discriminatory employment practice which is not proscribed by Title VII of the Civil Rights Act of 1964.

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