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E. E. O. C. v. GUARANTY SAV. & LOAN ASS'N

No. 74-1795.

561 F.2d 1135 (1977)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. GUARANTY SAVINGS AND LOAN ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 5, 1977.

Attorney(s) appearing for the Case

Abner W. Sibal, Washington, D. C., Milton C. Branch, Reg. Atty., Johnnie L. Johnson, Jr., Asst. Reg. Atty., E. E. O. C., Atlanta Reg. Litigation Center, Atlanta, Ga., Margaret C. Poles, Beatrice Rosenberg, Charles L. Reischel, Beth L. Don, E. E. O. C., Washington, D. C., for plaintiff-appellant.

James P. Alexander, John J. Coleman, Jr., Evans Dunn, Dunn, Porterfield, Scholl & Clark, Birmingham, Ala., for defendant-appellee.

Before GOLDBERG and TJOFLAT, Circuit Judges, and WYATT, District Judge.

PER CURIAM:

The district court granted summary judgment for the defendant in this Title VII action on two distinct procedural grounds: untimeliness and the inadequacy of the notice that the plaintiff Equal Employment Opportunity Commission gave to the defendant before filing suit. We reverse.

I. Facts

On April 9, 1970, three blacks filed charges with the EEOC alleging that Guaranty Savings and Loan Association had refused because of race to consider...

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