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EQUAL EMP., ETC. v. WILSON & CO., INC.

No. CIV-76-0422-T.

452 F.Supp. 202 (1978)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. WILSON AND COMPANY, INC., Defendant, and Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO, Local Union No. P-1200, Defendants Under Rule 19(a).

United States District Court, W. D. Oklahoma.

February 2, 1978.

Attorney(s) appearing for the Case

Abner W. Sibal, Gen. Counsel and Wm. L. Robinson, Associate Gen. Counsel, EEOC, Washington, D. C., and George H. Darden, Asst. Gen. Counsel, Washington, D. C., Wm. H. Lewis, Supervisory Trial Atty., Nancy Alden Bragg, Senior Trial Atty., Wilhemena L. Mitchell, Trial Atty., EEOC, Denver Regional, Colo., for plaintiff.

Edward B. Cloutman, III of Mullinax, Wells, Mauzy & Baab, Inc., Dallas, Tex., for Amalgamated Meat Cutters & Butcher Workmen.

Terry W. Tippens of Fellers, Snider, Blankenship & Bailey, Oklahoma City, Okl., for Wilson & Co.

ORDER

RALPH G. THOMPSON, District Judge.

This case comes before the Court on motions filed herein by the defendant company and defendant union. The company moves for summary judgment based on the doctrine of laches asserting that prejudice has resulted from the delay of the EEOC in bringing this action. The company also seeks dismissal of this action, asserting that the Court lacks subject matter jurisdiction for the failure of the EEOC to fulfill the statutory...

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