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RICHARDSON v. WILEY

Nos. 76-2085, 77-1080.

569 F.2d 140 (1977)

Hintson RICHARDSON, Appellant, v. Richard E. WILEY, Chairman, Federal Communications Commission. Hintson RICHARDSON, Appellee, v. Richard E. WILEY, Chairman, Federal Communications Commission, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 22, 1977.

Attorney(s) appearing for the Case

Laura J. Rayburn, Washington, D. C., with whom Charles Stephen Ralston, Melvyn R. Leventhal and Bill Lann Lee, New York City, were on the brief for Hintson Richardson.

Steven D. Gordon, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Ellen Lee Park, Asst. U. S. Attys., Washington, D. C., were on the brief for Richard E. Wiley, Chairman, F. C. C.

Before TAMM and ROBB, Circuit Judges, and MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

Opinion PER CURIAM.

PER CURIAM:

This is an employment discrimination case. The parties cross appeal from a judgment of the District Court dismissing the action as moot and awarding attorneys' fees to the plaintiff. The plaintiff, Richardson, contends that his promotion subsequent to the filing of his complaint did not moot the controversy because he is entitled to back pay and the promotion's retroactive effect. The Federal Communications Commission (FCC)...

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