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CHARLES v. GARRETT

No. 92-15743.

12 F.3d 870 (1993)

Bette M. CHARLES; Ruby Asque; William Burns, On behalf of Themselves and others similarly situated, Plaintiffs-Appellants, v. H. Lawrence GARRETT, III, Secretary of the Navy, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 20, 1993.

Attorney(s) appearing for the Case

Julius L. Chambers and Charles Stephen Ralston, NAACP Legal Defense & Educational Fund, Inc., New York City, for plaintiffs-appellants.

Stephen L. Schirle and Beth McGarry, Asst. U.S. Attys., San Francisco, CA, for defendant-appellee.

Before: TANG, TROTT and FERNANDEZ, Circuit Judges.

TROTT, Circuit Judge:

The plaintiffs filed a class complaint with the Department of Navy alleging racial discrimination. For more than ten years, their case vacillated between the Navy and the Equal Employment Opportunity Commission ("EEOC"), until the Navy cancelled the class complaint for failure to prosecute. The plaintiffs filed in district court pursuant to 42 U.S.C. § 2000e-16(c) (1988). The district court granted the defendant's motion to dismiss for failure...

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