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NEALON v. STONE

No. 91-2347.

958 F.2d 584 (1992)

Margaret NEALON, Plaintiff-Appellant, v. Michael P.W. STONE, Secretary of the Army, Clarence Thomas, Chairman, Equal Opportunity Commission, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 2, 1992.

Attorney(s) appearing for the Case

George Michael Chuzi, Kilijarvi & Chuzi, P.C., Washington, D.C., argued, for plaintiff-appellant.

Mortimer C. Shea, Jr., Office of the Judge Advocate General, U.S. Army, Arlington, Va., argued (Henry E. Hudson, U.S. Atty., George M. Kelley, III, Norfolk, Va., on brief), for Michael P.W. Stone.

Susan Lisabeth Starr, E.E.O.C., Washington, D.C., argued (Donald R. Livingston, Acting Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, Carolyn L. Wheeler, Asst. Gen. Counsel, E.E.O.C., on brief), for E.E.O.C.

Before ERVIN, Chief Judge, TILLEY, United States District Judge for the Middle District of North Carolina, sitting by designation, and HERLONG, United States District Judge for the District of South Carolina, sitting by designation.

OPINION

ERVIN, Chief Judge:

Margaret Nealon filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) contending that the U.S. Army had violated her rights under the Equal Pay Act of 1963, 29 U.S.C. § 206 et seq. (1988) (EPA), and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (1988), by paying her a lower salary than a man who performed similar work. The EEOC initially found that...

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