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KOGER v. BALL

No. 73-2332.

497 F.2d 702 (1974)

O'Neal W. KOGER (on behalf of himself as an individual plaintiff, and as a member of a class for all present and prospective Negro employees of the Social Security Administration as a class), Appellants, v. Robert M. BALL, Commissioner of the Social Security Administration and the Department of Health, Education and Welfare, and Secretary, Department of Health, Education and Welfare, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 10, 1974.

Attorney(s) appearing for the Case

Luther C. West, Baltimore, Md. (West, Frame & Barnstein, Gerald A. Smith and Johnson, Smith, Opara & Erlich, Baltimore, Md., on brief), for appellants.

Thomas L. Crowe, Asst. U. S. Atty. (George Beall, U. S. Atty., D. Md., on brief), for appellees.

Before BRYAN, Senior Circuit Judge, and WINTER and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

The narrow question presented by this appeal is whether a federal employee whose complaint of racial discrimination was pending administratively on March 24, 1972, the effective date of the Equal Employment Opportunity Act of 1972,1 may seek judicial redress. The district court, ruling that it lacked subject matter jurisdiction to hear a complaint alleging discrimination that occurred before the effective date of...

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