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E.E.O.C. v. McLEAN TRUCKING CO.

No. 87-3070.

834 F.2d 398 (1987)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. McLEAN TRUCKING COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 2, 1987.

Attorney(s) appearing for the Case

Warren Robert Duplinsky (Charles A. Shanor, General Counsel; Gwendolyn Young Reams, Associate General Counsel; Lorraine C. Davis, Asst. General Counsel, E.E.O.C., on brief), for plaintiff-appellant.

George Carruthers Covington (Joseph B.C. Kluttz; Kennedy, Covington, Lobdell & Hickman; Claude M. Hamrick, on brief), for defendant-appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation; WINTER, Chief Judge, and WILKINS, Circuit Judge.

HARRISON L. WINTER, Chief Judge:

Upon the filing of a voluntary or involuntary petition in bankruptcy, § 362 of the Bankruptcy Code provides an automatic stay of the commencement or continuation of judicial proceedings against the debtor except for "an action or proceeding by a governmental unit to enforce such governmental unit's police or regulatory power." 11 U.S.C. § 362(a)(1) and (b)(4). The question presented by this appeal is whether debtor's bankruptcy...

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