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E. E. O. C. v. MISSISSIPPI COLLEGE

No. 78-3123.

626 F.2d 477 (1980)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. MISSISSIPPI COLLEGE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 12, 1980.

Attorney(s) appearing for the Case

Vincent J. Blackwood, E.E.O.C., Washington, D. C., for plaintiff-appellant.

Edward McGlynn Gaffney, Jr., Associate Director, Notre Dame Law School, Notre Dame, Ind., amicus curiae for Center for Constitutional Studies.

James M. Boone, Baton Rouge, La., amicus curiae for plaintiff-appellant.

Jolly, Miller & Milan, E. Grady Jolly, Judith J. Johnson, Jackson, Miss., for defendant-appellee.

James T. McCafferty, III, Charles R. Davis, Jackson, Miss., amicus curiae for Miss. Baptist Convention Board.

Bruce R. Hopkins, Washington, D. C., amicus curiae for Christian College Coalition.

Peyton S. Irby, Jr., Jackson, Miss., amicus curiae for William Carey Col. & Am. Assoc. of Presidents of Independent Colleges and Universities.

Walter E. Carson, Washington, D. C., amicus curiae for Seventh-day Adventist Church.

Before MORGAN, CHARLES CLARK, and TATE, Circuit Judges.

CHARLES CLARK, Circuit Judge:

The Equal Employment Opportunity Commission [EEOC] appeals the district court's denial of its petition seeking enforcement of a subpoena issued in connection with its investigation of a charge of discrimination filed against Mississippi College [College]. At issue is a significant interplay between the effective enforcement of Title VII and the religious protections of the first amendment. We vacate the judgment appealed from and remand...

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