SEARS, ROEBUCK & CO. v. EQUAL EMP. OPPORTUNITY

Nos. 77-1822, 77-1995 and 77-1996.

581 F.2d 941 (1978)

SEARS, ROEBUCK AND COMPANY, Appellant, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION et al. SEARS, ROEBUCK AND COMPANY v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION et al., Appellants (two cases).

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 1978.

As Amended July 26, 1978.

Rehearing Denied July 26, 1978.


Attorney(s) appearing for the Case

S. Richard Pincus, Chicago, Ill., for appellant in No. 77-1822 and cross appellee in Nos. 77-1995 and 77-1996.

J. Ramon V. Gomez, Atty., E.E.O.C., Washington, D. C., with whom Beatrice Rosenberg, Asst. Gen. Counsel, and Raj K. Gupta, Atty., E.E.O.C., Washington, D. C., were on brief, for appellee in No. 77-1822 and cross appellants in Nos. 77-1995 and 77-1996.

Barbara Kaye Besser, Cleveland, Ohio, Margaret Beller and Charlotte Hallam, Washington, D. C., were on brief, for intervenor in No. 77-1822.

Robert E. Williams and Frank C. Morris, Jr., Washington, D. C., were on brief, for amicus curiae, The Equal Employment Advisory Council, urging reversal.

Victor H. Kramer, Charles E. Hill and Douglas L. Parker, Washington, D. C., were on brief, for amicus curiae, Institute for Public Interest Representation, urging affirmance of the District Court's holding that the provisions of 18 U.S.C. § 1905 are inapplicable to disclosures of information required by Title VII of the Civil Rights Act of 1964.

Before LUMBARD, Senior Circuit Judge for the Second Circuit, and MacKINNON and WILKEY, Circuit Judges.


Opinion for the court filed by LUMBARD, Senior Circuit Judge.

LUMBARD, Senior Circuit Judge:

In these appeals we address the question whether the Equal Employment Opportunity Commission (EEOC) may furnish to employees proceeding as private litigants under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e to § 2000e-17, information regarding employers whom the EEOC is investigating. The district court ruled that the EEOC could give to certain...

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