BELL ATLANTIC CASH BALANCE PLAN v. U.S. E.E.O.C.

C.A. No. 97-330-A.

976 F.Supp. 376 (1997)

BELL ATLANTIC CASH BALANCE PLAN, et al., Plaintiffs, v. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

September 3, 1997.


Attorney(s) appearing for the Case

James J. Kelley, Morgan, Lewis & Bockius, LLP, Washington, DC, Francis M. Milone, William J. Delaney, Morgan, Lewis & Bockius, LLP, Philadelphia, PA, Mary M. McKenzie, Bell Atlantic Network Services, Inc., Philadelphia, PA, for Plaintiffs.

Helen F. Fahey, U.S. Atty., Rachel C. Ballow, Asst. U.S. Atty., Alexandria, VA, Ellen J. Vargyas, Legal Counsel, Thomas J. Schlageter, Asst. Legal Counsel, Daniel T. Riordan, Senior Atty., Equal Employment Opportunity Com'n, Washington DC, for Defendant.


MEMORANDUM OPINION

ELLIS, District Judge.

The threshold jurisdictional issue presented in this declaratory judgment action is whether plaintiffs have "jumped the gun" in petitioning for a declaration of non-discrimination before the defendant-agency has completed its investigation and assessment of certain discrimination charges. Put more succinctly, the question here is one of ripeness, namely, whether there exists an "actual case or controversy" fit for...

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