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WESTERN ELEC. CO., INC. v. STERN

No. 76-2044.

544 F.2d 1196 (1976)

WESTERN ELECTRIC COMPANY, INCORPORATED, Petitioner, v. Honorable Herbert J. STERN, United States District Judge for the District of New Jersey, Nominal Respondent, Kyriaki Cleo Kyriazi, Plaintiff-Respondent.

United States Court of Appeals, Third Circuit.

Decided November 5, 1976.

Rehearing Denied December 27, 1976.

Attorney(s) appearing for the Case

S. Joseph Fortunato, Edward P. Lynch, Pitney, Hardin & Kipp, Morristown, N.J., for defendant-petitioner, Western Elec. Co., Inc.; Robert A. Levitt, Western Elec Co., Inc., Greensboro, N.C., of counsel; Barry A. Guryan, Morristown, N.J., on the brief.

Judith P. Vladeck, Atty., Vladeck, Elias, Vladeck & Lewis, New York City, for plaintiff-respondent; Fox & Fox, Newark, N.J., of counsel.

Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Jr., Assoc. Gen. Counsel, Beatrice Rosenberg, Atty., John D. Schmelzer, Atty., Equal Employment Opportunity Comm., Washington, D.C., for amicus curiae.

Before SEITZ, Chief Judge, and ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

Petitioner Western Electric Company ("Western") is alleged to have violated Title VII of the Civil Rights Act by discriminating against women in its hiring, job assignment, promotion, and pay practices. Plaintiff has also asserted pendent state claims. The petition for a writ of mandamus or prohibition raises procedural issues, namely, whether this court should grant relief under the All Writs Act (28 U.S.C. §...

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