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E.E.O.C. v. HOME OF ECONOMY, INC.

Nos. 82-1819, 83-1216.

712 F.2d 356 (1983)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. HOME OF ECONOMY, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 20, 1983.

Attorney(s) appearing for the Case

David L. Slate, Gen. Counsel, Philip B. Sklover, Associate Gen. Counsel, Vella M. Fink, Asst. Gen. Counsel, Deborah Reik, Michael N. Martinez, Gen. Counsel (Acting), Michael J. Connolly, Gen. Counsel, Washington, D.C., for appellant.

Robert A. Feder, Pancratz, Kruger, Wold, Yuill & Johnson, Fargo, N.D., Garry A. Pearson, Pearson & Christensen, Grand Forks, N.D., for appellee.

Before LAY, Chief Judge, and HEANEY and FAGG, Circuit Judges.

FAGG, Circuit Judge.

The Equal Employment Opportunity Commission appeals the district court's dismissal without prejudice of its Equal Pay Act suit against Home of Economy, Inc. for failure to attempt conciliation with Home. On appeal, the EEOC argues that it is not required to conciliate as a prerequisite to litigation under the EPA. We agree and reverse the district court.

The Department of Labor began investigating Home, a retail department store business...

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