FAGAN v. NATIONAL CASH REGISTER COMPANY

No. 71-1243.

481 F.2d 1115 (1973)

Gerald Brent FAGAN, Appellant, v. NATIONAL CASH REGISTER COMPANY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1973.

Rehearing Denied August 21, 1973.


Attorney(s) appearing for the Case

Thomas O. Mann, Washington, D.C., with whom Ben Paul Noble, Washington, D.C., was on the brief, for appellant. Henry Schoenfeld, Washington, D.C., also entered an appearance for appellant.

Thomas C. Green, Washington, D.C., with whom David G. Bress, Washington, D.C., was on the brief, for appellee.

Charles L. Reischel, Atty., E.E.O.C., with whom Julia P. Cooper, Chief Appellate Section, E.E.O.C., Washington, D.C., was on the brief, for Equal Employment Opportunity and amicus curiae urging reversal. Robert Fitzpatrick, Washington, D.C., also entered an appearance for E.E.O.C., as amicus curiae.

Before DANAHER, Senior Circuit Judge, and WRIGHT, and WILKEY, Circuit Judges.


DANAHER, Senior Circuit Judge:

This appellant in the district court had alleged that he was the victim of unlawful sex discrimination within the purview of 42 U.S.C. § 2000e-2(a). After a hearing, the district court on March 30, 1971, dismissed1 the complaint as failing to state a claim entitling the appellant to relief and, therefore, did not reach the appellant's motion for a temporary restraining order. We affirm.

The appellant...

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