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E. E. O. C. v. GILBARCO, INC.

No. 78-1661.

615 F.2d 985 (1980)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. GILBARCO, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 9, 1980.

Attorney(s) appearing for the Case

Lois G. Williams, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Donald S. Shire, Associate Sol., Anna K. Holmberg, Gregory O'Duden, Washington, D. C., on brief), for appellant.

Daniel M. Shea, Atlanta, Ga. (David B. Adcock, Dan T. Carter, Smith, Currie & Hancock, Atlanta, Ga., Thornton H. Brooks, Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, N. C., on brief), for appellee.

Before HALL, PHILLIPS and MURNAGHAN, Circuit Judges.

K. K. HALL, Circuit Judge:

The primary question on this appeal is whether an age discrimination suit brought by the Secretary of Labor under the authority of § 17 of the Fair Labor Standards Act is effectively commenced, for statute of limitations purposes, with the filing of a complaint which does not name the aggrieved individuals. We believe that a § 17 action is commenced for all purposes when the complaint is filed, regardless of whether the individuals...

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