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E. E. O. C. v. D. H. HOLMES CO., LTD.

No. 76-4184.

556 F.2d 787 (1977)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. D. H. HOLMES CO., LTD., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 29, 1977.

Attorney(s) appearing for the Case

William H. Ng., E.E.O.C., Washington, D. C., Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Jr., Assoc. Gen. Counsel, Beatrice Rosenberg, Asst. Agency Counsel, E.E.O.C., Washington, D. C., for plaintiff-appellant.

David L. McComb, G. Phillip Shuler, III, New Orleans, La., for defendant-appellee.

Douglas S. McDowell, Robert E. Williams, Avrum M. Goldberg, William R. Weissman, Washington, D. C., amicus curiae, for Equal Employment Advisory Council.

Before COLEMAN, Circuit Judge, KUNZIG, Judge, and GEE, Circuit Judge.

KUNZIG, Judge:

This case of first impression (at the appellate level) comes to us on an interlocutory appeal from an order of the United States District Court for the Eastern District of Louisiana. The two questions presented on appeal are: Did the district court properly characterize this particular suit as a class action and, if so, did it correctly determine that the Equal Employment Opportunity Commission (EEOC) is governed by Fed.R.Civ.P. 23

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