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FOOD TOWN STORES, INC. v. E.E.O.C.

No. 82-1564.

708 F.2d 920 (1983)

FOOD TOWN STORES, INC., Appellant, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; Eleanor Holmes Norton, in her official capacity & as Chair of EEOC and James H. Troy, in his official capacity as District Director of EEOC, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 23, 1983.

Rehearing and Rehearing Denied June 28, 1983.

Attorney(s) appearing for the Case

Guy F. Driver, Jr., Winston-Salem, N.C. (David A. Irvin, Francis C. Clark, Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., on brief), for appellant.

Diane B. Johnston (Michael N. Martinez, Gen. Counsel (Acting), Philip B. Sklover, Associate Gen. Counsel, Vincent Blackwood, Asst. Gen. Counsel, Warren Bo Duplinsky, Washington, D.C., on brief), for appellee.

Before MURNAGHAN and ERVIN, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied June 28, 1983.

ERVIN, Circuit Judge:

This is an appeal by Food Town Stores, Inc. ("Food Town") from the United States District Court for the Middle District of North Carolina. Food Town brought this action seeking to compel the Equal Employment Opportunity Commission ("EEOC") to issue a subpoena during the investigation of a charge of employment discrimination against Food Town. The district court dismissed Food Town...

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