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EQUAL EMPLOYMENT OP. COM'N v. CLEVELAND MILLS CO.

Civ. A. No. SH-73-36.

364 F.Supp. 1235 (1973)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. CLEVELAND MILLS COMPANY, Defendant.

United States District Court, W. D. North Carolina, Shelby Division.

August 31, 1973.

Attorney(s) appearing for the Case

William A. Carey, Gen. Counsel, Charles F. Wilson, Associate Gen. Counsel, Katherine Savers McGovern, Joseph P. McCormick, Isabelle R. Cappello, Lutz Alexander Prager, Raymond Ronald Baca, Washington, D. C., for plaintiff.

Blakeney, Alexander & Machen by W. S. Blakeney, Charlotte, N. C., for defendant.

MEMORANDUM OF DECISION

WOODROW WILSON JONES, Chief Judge.

This matter is before the Court upon the defendant's Motion to Dismiss the action under Rule 12, Federal Rules of Civil Procedure, on the grounds that the Court lacks subject matter jurisdiction and the Complaint fails to state a claim upon which relief can be granted. The defendant contends that the plaintiff has failed to comply with the statutory conditions prerequisite to the existence of the...

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