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H. KESSLER & COMPANY v. EQUAL EMPLOYMENT OPPORTUNITY

No. 72-1082.

468 F.2d 25 (1972)

H. KESSLER & COMPANY, Plaintiff-Appellee-Cross Appellant, v. EQUAL EMPLOYMENT OPPORTUNITY et al., Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted September 26, 1972.

Attorney(s) appearing for the Case

Joseph Ray Terry, Jr., Regional Atty., EEOC, Atlanta, Ga., John DeJ. Pemberton, Acting Gen. Counsel, David Zugschwerdt, Acting Chief, Trial Section, Julia Cooper, Chief, Appellate Section, EEOC, Washington, D. C., for defendants-appellants.

Cleburne E. Gregory, Jr., Alexander Cocalis, Allen I. Hirsch, Atlanta, Ga., for plaintiff-appellee.

Before TUTTLE, COLEMAN and CLARK, Circuit Judges.

Rehearing En Banc Granted September 26, 1972.

PER CURIAM:

The full background and all contentions raised by the parties on this appeal are set out in the opinion of the district court, 53 F.R.D. 330 (N.D.Ga.1971), and therefore need not be repeated here. We affirm in all respects and deem only one issue to merit further explication.

In the course of its opinion, the district court stated:

The Court rules that 42 U.S.C. § 2000e-5(a) and...

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