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FESEL v. MASONIC HOME OF DELAWARE, INC.

Civ. A. No. 76-238.

428 F.Supp. 573 (1977)

Frederick FESEL, Plaintiff, v. MASONIC HOME OF DELAWARE, INC., a Delaware Corporation, Defendant.

United States District Court, D. Delaware.

March 14, 1977.

Attorney(s) appearing for the Case

Thomas S. Neuberger, of Bader, Dorsey & Kreshtool, Wilmington, Del., for plaintiff.

Clement C. Wood, and John H. Benge, Jr., of Allmond & Wood, Wilmington, Del., for defendant.

Josephine A. Trevathan, E. E. O. C., Washington, D. C., appearing as amicus curiae.

OPINION

STAPLETON, District Judge:

In this lawsuit brought under Title VII of the Civil Rights Act of 1964, a male nurse claims that the defendant Masonic Home unlawfully discriminated against him on the basis of his sex when he applied for employment as a nurse's aide in 1973. The defendant has moved for summary judgment on three grounds. First, the Masonic Home contends that the failure of the Equal Employment Opportunity Commission ("EEOC") to comply...

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