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BRADDY v. SOUTHERN BELL TELEPHONE & TELEGRAPH CO.

No. 71-2172.

458 F.2d 666 (1972)

Doris BRADDY, Individually and on behalf of all others similarly situated, Plaintiff, v. SOUTHERN BELL TELEPHONE & TELEGRAPH CO., Defendant-Appellee, Equal Employment Opportunity Commission, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 29, 1972.

Attorney(s) appearing for the Case

Lutz Alexander Prager, Stanley P. Hebert, Gen. Counsel, John de J. Pemberton, Jr., Deputy Gen. Counsel, Julia P. Cooper, Chief, Appellate Section, E.E.O.C., Washington, D. C., for the Commission.

Bishop C. Holifield, Bruce S. Rogow, Miami, Fla., for Doris Braddy, and others.

Vincent L. Sgrosso, William D. Goddard, Atlanta, Ga., for Southern Bell.

Before THORNBERRY, AINSWORTH and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 29, 1972.

CLARK, Circuit Judge:

In this case the Equal Employment Opportunity Commission (EEOC) seeks the power to act as a party to litigate issues relevant to its basic function, a function permitted to most of its sister agencies. But having found that Congress did not invest it with this prerogative, we can no more create it judicially than we could clothe ourselves...

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