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JONES v. BELL HELICOPTER CO.

No. 78-2060.

614 F.2d 1389 (1980)

John Henry JONES, Plaintiff-Appellant, Wanda J. Hardin, Individually and on behalf of All Others Similarly Situated, Plaintiffs, v. BELL HELICOPTER COMPANY, a subsidiary division of Textron Inc., a corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 11, 1980.

Attorney(s) appearing for the Case

Huey P. Mitchell, Fort Worth, Tex., for plaintiff-appellant.

Cadwalader, Wickersham & Taft, Stephen N. Shulman, Mark Ellenberg, Washington, D. C., Brown, Herman, Scott, Deane & Miles, Beale Dean, Fort Worth, Tex., for defendant-appellee.

Before WISDOM, POLITZ and SAM D. JOHNSON, Circuit Judges:

WISDOM, Circuit Judge:

The question in this appeal is whether an individual may bring a private Title VII action, based on the same claim at issue in an earlier action brought by the Equal Employment Opportunity Commission (E.E.O.C.), when the Commission's action is set aside for failure to comply with the Administrative Procedure Act. We answer no.

In 1966 John Henry Jones, a black male, filed three job applications with Bell Helicopter Textron, seeking the...

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