GUTIERREZ v. EL PASO COMMUNITY ACTION PROGRAM

No. 71-2269 Summary Calendar.

462 F.2d 121 (1972)

Fernando R. GUTIERREZ, Plaintiff-Appellant, v. EL PASO COMMUNITY ACTION PROGRAM (Project Bravo, Inc.), Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 28, 1972.


Attorney(s) appearing for the Case

Fernando Gutierrez, pro se, El Paso, Tex.

Colbert Coldwell, Wellington Y. Chew, El Paso, Tex., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, INGRAHAM and RONEY, Circuit Judges.


PER CURIAM:

The District Court dismissed this case for failure to state a claim of discriminatory discharge under the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e, which is alleged in the complaint to give the Federal court jurisdiction.

An opportunity to amend should have been accorded, so dismissal with prejudice was unwarranted. Whether plaintiff can state a claim under this statute, we do not determine or even faintly intimate.

The fact that...

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