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MULLER OPTICAL CO. v. E.E.O.C.

No. 83-5889.

743 F.2d 380 (1984)

MULLER OPTICAL COMPANY and Robert E. Long, Plaintiffs-Appellants, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 4, 1984.

Rehearing and Rehearing Denied November 5, 1984.

Attorney(s) appearing for the Case

Stephen H. Biller (argued), Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, P.C., Stephen D. Wakefield, Memphis, Tenn., for plaintiffs-appellants.

Lawrence J. Kamenetsky, Zelma Phillips Brown, E.E.O.C., W. Hickman Ewing, U.S. Atty., Vivian Donelson, Memphis, Tenn., for defendant-appellee.

Herschel L. Abbott, Jr., H. Mark Adams, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., Rodger A. Kershner, Detroit, Mich., Joseph M. Wells, Marjorie Nemzura, Lombard, Ill., for amicus curiae, ANR Pipeline Company and Natural Gas Pipeline Company of America.

Before EDWARDS and WELLFORD, Circuit Judges, and JOINER, District Judge.

Rehearing and Rehearing En Banc Denied November 5, 1984.

JOINER, District Judge.

The issue in this appeal is whether the existence of an unexercised one-House legislative veto provision in the Reorganization Act of 1977 prevents the Equal Employment Opportunity Commission (EEOC) in 1982 from issuing and enforcing an administrative subpoena ordering the appellant to produce records in an age discrimination investigation, the enforcement authority under the...

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