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E. E. O. C. v. KLINGLER ELEC. CORP.

No. 80-3409 Summary Calendar.

636 F.2d 104 (1981)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. KLINGLER ELECTRIC CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

February 5, 1981.

Attorney(s) appearing for the Case

Sandra G. Bryan, Lutz Alexander Prager, Atty., EEOC Office of Gen. Counsel, Appellate Div., Washington, D. C., for plaintiff-appellant.

Alvin M. Binder, Bobby B. DeLaughter, Jackson, Miss., for defendant-appellee.

Before CHARLES CLARK, REAVLEY and WILLIAMS, Circuit Judges.

PER CURIAM:

The Equal Employment Opportunity Commission (EEOC) filed suit against Klingler Electric Corporation (Klingler) under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Klingler filed a motion to dismiss for lack of subject matter jurisdiction under Rule 12, Fed.R.Civ.P. The United States District Court for the Southern District of Mississippi ruled for Klingler but apparently converted the motion under Rule 12(b) and granted...

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