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EQUAL EMP. OP. COM'N v. STANDARD FORGE & AXLE CO., INC.

No. 73-3580.

496 F.2d 1392 (1974)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. STANDARD FORGE AND AXLE COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 15, 1974.

Attorney(s) appearing for the Case

William A. Carey, Gen. Counsel, Charles F. Wilson, Associate Gen. Counsel, E. E. O. C., Washington, D. C., Roger J. Martinson, Acting Reg. Atty., E. E. O. C., Earl Harper, Jr., W. L. Williams, Jr., Attys., Atlanta, Ga., Charles L. Reischel, Richard A. Gladstone, E. E. O. C., Washington, D. C., for plaintiff-appellant.

William W. Alexander, Jr., C. Lash Harrison, Atlanta, Ga., M. Roland Nachman, Jr., Montgomery, Ala., for defendant-appellee.

Before DYER and MORGAN, Circuit Judges, and KRAFT, District Judge.

DYER, Circuit Judge:

We are called upon to untangle what should have been a relatively simple pleading problem. The district court dismissed this action because the Equal Employment Opportunity Commission declined to comply with the court's order requiring it to allege in detail that the Commission had fulfilled each of the administrative steps established by section 706 of Title VII of the Civil Rights Act of 1964 as amended...

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