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E.E.O.C. v. CITY OF NORFOLK POLICE DEPT.

No. 94-1350.

45 F.3d 80 (1995)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. CITY OF NORFOLK POLICE DEPARTMENT, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 26, 1995.

Attorney(s) appearing for the Case

ARGUED: Lamont Navarro White, Office of Gen. Counsel, E.E.O.C., Washington, DC, for appellant. Harold Phillip Juren, Deputy City Atty., Norfolk, VA, for appellee. ON BRIEF: James R. Neely, Jr., Deputy Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, Vincent J. Blackwood, Asst. Gen. Counsel, Office of Gen. Counsel, E.E.O.C., Washington, DC, for appellant.

Before RUSSELL and MOTZ, Circuit Judges, and CURRIE, United States District Judge for the District of South Carolina, sitting by designation.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge RUSSELL and Judge CURRIE joined.

OPINION

MOTZ, Circuit Judge:

The district court refused to enforce an Equal Employment Opportunity Commission (EEOC) investigatory subpoena finding that the underlying charge was untimely and, therefore, that the EEOC lacked jurisdiction over the matter. Because it was not clear from the face of the charge or otherwise apparent...

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