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EQUAL EMPLOYMENT OPPORTUNITY COM'N v. DUVAL CORP.

No. 74-1647.

528 F.2d 945 (1976)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, Manuel F. Urquidez, Plaintiff in Intervention, v. DUVAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 9, 1976.

Attorney(s) appearing for the Case

Juan R. Rivera, Washington, D.C. (William A. Carey, Gen. Counsel, Joseph T. Eddins, Associate Gen. Counsel, Beatrice Rosenberg, Charles L. Reischel, Caliph Johnson, Attys. E. E. O. C., Washington, D.C., on the brief), for plaintiff-appellant.

V. R. Burch, Jr., Houston, Tex. (Jackson G. Akin, Albuquerque, N. M., L. Chapman Smith, G. Bruce Mallum, M. Diane Parsons, Houston, Tex., Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., and Baker & Botts, Houston, Tex., of counsel, on the brief), for defendant-appellee.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judge.

LEWIS, Chief Judge.

Under Title VII, 42 U.S.C. § 2000e-5(f)(1), if the Equal Employment Opportunity Commission has not reached a conciliation agreement or filed a civil action with 180 days after a charge is filed with it, the complaining party is sent a right-to-sue notice and may file a civil action against the alleged violator within 90 days of the receipt of this notice.1 The sole issue in this appeal is whether, after issuance...

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