EGELSTON v. STATE UNIVERSITY COLLEGE AT GENESEO

No. 1050, Docket 76-7047.

535 F.2d 752 (1976)

Judy C. EGELSTON, Plaintiff-Appellant, v. STATE UNIVERSITY COLLEGE AT GENESEO et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 7, 1976.


Attorney(s) appearing for the Case

Emmelyn Logan-Baldwin, Rochester, N. Y., for plaintiff-appellant.

Dominick J. Tuminaro, Asst. Atty. Gen. of the State of New York, New York City (Louis J. Lefkowitz, Atty. Gen., New York City, on the brief), for defendants-appellees.

John Schmelzer, Washington, D. C., Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, Beatrice Rosenberg, and Charles L. Reischel, Washington, D. C., for the Equal Employment Opportunity Commission, appearing as amicus curiae urging reversal.

Before KAUFMAN, Chief Judge, CLARK, Associate Justice, and TIMBERS, Circuit Judge.


IRVING R. KAUFMAN, Chief Judge:

Occasionally, there is a tendency on the part of a judge to attempt to avoid a trial where it appears to him ab initio that the trial might be a waste of time or of no avail to the plaintiff. With the crowded dockets and delay occasioned by oppressive judicial workloads, a judge may well overlook the fact that a complaint states a valid cause of action or, out of a desire to eliminate an action which he considers frivolous, dismiss...

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