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PROPHET v. ARMCO STEEL, INC.

No. 78-1108 Summary Calendar.

575 F.2d 579 (1978)

Franklin PROPHET, Plaintiff-Appellant, v. ARMCO STEEL, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 23, 1978.

Attorney(s) appearing for the Case

Gordon R. Cooper, Houston, Tex., for plaintiff-appellant.

Butler, Binion, Rice, Cook & Knapp, Michael W. Fox, Louis B. Paine, Jr., Houston, Tex., for defendant-appellee.

Before BROWN, Chief Judge, COLEMAN, and VANCE, Circuit Judges.

PER CURIAM:

Prophet filed suit, 42 U.S.C. §§ 1981 and 2000e-5, against his former employer, Armco Steel Corp. (Armco), alleging that he had been terminated from his employment on racial grounds in June of 1975. The District Court granted Armco's motion to dismiss on grounds that the court lacked subject matter jurisdiction under 42 U.S.C. § 2000e et seq., since suit was not filed within the 90-day period following receipt of the EEOC notice of...

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