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E. E. O. C. v. ST. ANNE'S HOSPITAL OF CHICAGO, INC.

No. 80-2285, 80-2349.

664 F.2d 128 (1981)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, Cross-Appellee, v. ST. ANNE'S HOSPITAL OF CHICAGO, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 4, 1981.

Rehearing Denied March 11, 1982.

Attorney(s) appearing for the Case

Warren Duplinsky, Equal Employment Opportunity Commission, Washington, D. C., for plaintiff-appellant, cross-appellee.

Richard H. Schnadig, Vedder, Price Kaufman, Kammholz, Chicago, Ill., for defendant-appellee, cross-appellant.

Before SWYGERT, Senior Circuit Judge, and PELL and SPRECHER, Circuit Judges.

SWYGERT, Senior Circuit Judge.

The Equal Employment Opportunity Commission appeals from the dismissal of its complaint brought under section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a), alleging that the defendant hospital discharged its employee Barbara Herzon because she hired a black man to fill a position in her department. The district judge held that the Commission had failed to satisfy the jurisdictional prerequisites to suit because it did not attempt...

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