E.E.O.C. v. NECHES BUTANE PRODUCTS CO.

No. 81-2347.

704 F.2d 144 (1983)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. NECHES BUTANE PRODUCTS COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 20, 1983.


Attorney(s) appearing for the Case

Warren Duplinsky, Atty., E.E.O.C., Washington, D.C., for plaintiff-appellant.

Douglas E. Hamel, J.M. Hopper, Houston, Tex., for defendant-appellee.

Douglas S. McDowell, Thomas R. Bagby, Robert E. Williams, Washington, D.C., for amicus curiae (Equal Employment Advisory Council).

Before RUBIN, RANDALL and JOLLY, Circuit Judges.


RANDALL, Circuit Judge:

This Equal Employment Opportunity Commission subpoena enforcement action comes to us on an interlocutory appeal from the Eastern District of Texas. Since we do not have jurisdiction to reach the merits, this appeal is dismissed. We do not consider the Commission's petition, in the alternative, for a writ of mandamus because the Commission makes no effort to comply with Federal Rule of Appellate Procedure 21, which, in the absence of extraordinary...

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