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E.E.O.C. v. ITHACA INDUSTRIES, INC.

No. 87-2526.

829 F.2d 519 (1987)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. ITHACA INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 24, 1987.

Rehearing Granted November 25, 1987.

Attorney(s) appearing for the Case

Warren Bo Duplinsky, Washington, D.C., for plaintiff-appellant.

Robert O. King, Greenville, S.C., for defendant-appellee.

Before HALL and WILKINS, Circuit Judges, and ANDERSON, District Judge for the District of South Carolina, sitting by designation.

Rehearing En Banc Granted November 25, 1987.

GEORGE ROSS ANDERSON, Jr., District Judge:

The EEOC initiated this action under Title VII of the Civil Rights Act1 on behalf of Daniel Dean for alleged wrongful discharge resulting from his refusal to work on his sabbath (Sunday). The district court entered judgment for the defendant employer, Ithaca Industries, Inc. (Ithaca). Finding the decision of the district court not "clearly erroneous...

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