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WHITE v. DALLAS INDEPENDENT SCHOOL DIST.

No. 76-1990.

581 F.2d 556 (1978)

Mrs. Patsy Ruth WHITE, Plaintiff-Appellant, v. DALLAS INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 6, 1978.

Attorney(s) appearing for the Case

Edith L. James, Dallas, Tex., Joel G. Contreras, Mexican American Legal Defense, San Francisco, Cal., for plaintiff-appellant.

Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Associate Gen. Counsel, Charles L. Reischel, Asst. Gen. Counsel, Raj K. Gupta, Atty., E. E. O. C., Washington, D. C., for amicus curiae.

Lee Smith, Charles W. Stuber, Dallas, Tex., for defendant-appellee.

Before BROWN, Chief Judge, TUTTLE, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN and VANCE, Circuit Judges.

THORNBERRY, Circuit Judge:

In this case the en banc court must determine whether a Texas statute designating District and/or County Attorneys as the appropriate state or local officials to receive notice of an alleged unlawful employment practice, Title VII, 42 U.S.C. § 2000e-5, triggers that same section's requirement for exhaustion of state remedies prior to the initiation in federal district court of a sex discrimination in employment action.

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