CASTON v. SEARS, ROEBUCK & CO., HATTIESBURG, MISS.

No. 75-3925.

556 F.2d 1305 (1977)

Fulton CASTON, Plaintiff-Appellant, v. SEARS, ROEBUCK AND COMPANY, HATTIESBURG, MISSISSIPPI, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 5, 1977.


Attorney(s) appearing for the Case

Ronald R. Welch, Frank R. Parker, Jackson, Miss., Melvyn R. Leventhal, Jack Greenberg, Eric Schnapper, Legal Defense Fund, New York City, for plaintiff-appellant.

Marleigh Dover Lang, EEOC, Washington, D. C., amicus curiae.

Dean Charles Houk, Jr., Sears, Roebuck & Co., Sidney O. Smith, Jr., Franklin R. Nix, Atlanta, Ga., for defendant-appellee.

Before GEWIN, RONEY and HILL, Circuit Judges.


JAMES C. HILL, Circuit Judge:

This case concerns the appointment of counsel under Section 706(f) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. § 2000e-5(f)(1) (Title VII). On January 28, 1974, plaintiff, Fulton Caston, a Negro, was discharged by defendant, Sears, Roebuck and Company. On January 30, 1974, plaintiff filed a timely charge of racial discrimination with the Equal Employment Opportunity Commission (EEOC).

The EEOC investigated...

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