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U.S. v. BD. OF ED., GARFIELD HGTS., ETC.

No. 77-3012.

581 F.2d 791 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. BOARD OF EDUCATION OF the GARFIELD HEIGHTS CITY SCHOOL DISTRICT and James A. Harper, Superintendent, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

August 7, 1978.

Attorney(s) appearing for the Case

Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, Edward H. Levi, Atty. Gen. of U. S., Judith E. Wolf, Appellate Sect., Civil Rights Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

John F. Lewis, John T. Meredith, Squire, Sanders & Dempsey, Cleveland, Ohio, for defendants-appellees.

Before EDWARDS, ENGEL and MERRITT, Circuit Judges.

ORDER

The issue presented by this appeal is whether the Attorney General has the authority to bring pattern or practice equal employment suits under Title VII of the 1964 Civil Rights Act against public employers in the absence of a referral of the case by the Equal Employment Opportunity Commission to the Attorney General for the institution of suit.

Prior to the 1972 Civil Rights Act amendment, the Attorney General had independent authority to bring equal...

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