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EARNHARDT v. COM. OF PUERTO RICO

No. 82-1190.

691 F.2d 69 (1982)

Kent EARNHARDT, etc., Plaintiff, Appellant, v. The COMMONWEALTH OF PUERTO RICO, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 26, 1982.

Attorney(s) appearing for the Case

Carlos V. Garcia Gutierrez, Santurce, P.R., for plaintiff, appellant.

Marta Quinones De Torres, Asst. Sol. Gen., Dept. of Justice, with whom Miguel Pagan, Acting Sol. Gen., San Juan, P.R., was on brief, for defendants, appellees.

Colleen M. O'Connor, Washington, D.C., with whom Michael J. Connolly, Gen. Counsel, Philip B. Sklover, Associate Gen. Counsel, and Vincent Blackwood, Asst. Gen. Counsel, Washington, D.C., were on brief, for the E.E.O.C., amicus curiae.

Before DAVIS, CAMPBELL and BREYER, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Kent Earnhardt brought suit in federal district court alleging that the Puerto Rico Department of Health had discharged him because of his national origin in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq. Puerto Rico moved for summary judgment arguing that Earnhardt had filed his charge with the Equal Employment Opportunity Commission (EEOC) after the applicable 180...

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