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SCHAEFFER v. SAN DIEGO YELLOW CABS, INC.

Nos. 71-1442, 71-1244.

462 F.2d 1002 (1972)

Mary Lou SCHAEFFER, Plaintiff-Appellant, v. SAN DIEGO YELLOW CABS, INC., etc., et al., Defendants-Appellees. Mary Lou SCHAEFFER, Plaintiff-Appellee, v. SAN DIEGO YELLOW CABS, INC., etc., et al., Defendants, Division of Industrial Welfare & Industrial Welfare Commission of the State of California, Intervenor Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 20, 1972.

Attorney(s) appearing for the Case

Blanche Bersche, Deputy Atty. Gen., Evelle J. Younger, Atty. Gen., San Francisco, Cal., James K. Smith (argued), Josiah L. Neeper, of Gray, Cary, Ames & Frye, San Diego, Cal., Bodle, Fogel, Jubler & Reinhart, Los Angeles, Cal., for appellant.

Charles L. Reischel (argued), Julia P. Cooper, John de J. Pemberton, Deputy Gen. Counsel, Stanley P. Hebert, Gen. Counsel, Washington, D. C., amicus curiae for appellant.

Anthony Glassman (argued), of Miller, Glassman & Browning, Beverly Hills, Cal., for San Diego Yellow Cabs, Inc. and others.

Before BARNES and WRIGHT, Circuit Judges, and BYRNE, District Judge.

BARNES, Circuit Judge:

Plaintiff Mary Lou Schaeffer brought this action against her employer, San Diego Yellow Cabs, Inc. (hereinafter the Company), under the Equal Employment Opportunities Act, Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq. Plaintiff alleged that the Company had unlawfully discriminated between the sexes by refusing to permit her to work as many hours per day as male employees were permitted to work.

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