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E.E.O.C. v. UNIVERSITY OF PENNSYLVANIA

No. 87-1547.

850 F.2d 969 (1988)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. UNIVERSITY OF PENNSYLVANIA. Appeal of The TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA.

United States Court of Appeals, Third Circuit.

Decided June 23, 1988.

Rehearing and Rehearing Denied August 26, 1988.

Attorney(s) appearing for the Case

Steven B. Feirson (argued), Alan D. Berkowitz, Dechert, Price & Rhoads, Philadelphia, Pa., for appellant.

Lamont N. White (argued), Appellate Div.-Office of General Counsel E.E.O.C., Washington, D.C., for appellee.

Before BECKER, HUTCHINSON and SCIRICA, Circuit Judges.

Rehearing and Rehearing In Banc Denied August 26, 1988.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Nearly fifty years ago, this court adopted what has become known as the "first-filed" rule. We concluded that "[i]n all cases of federal concurrent jurisdiction, the court which first has possession of the subject must decide it." Crosley Corp. v. Hazeltine Corp., 122 F.2d 925, 929 (3d Cir.1941) (quoting

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