Opinion · Court of Appeals for the First Circuit

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. FIRST ALABAMA BANK OF BIRMINGHAM, Defendant-Appellee

611 F.2d 132

Type
Opinion
Court
Court of Appeals for the First Circuit
Jurisdiction
Federal
Date
1980-01-31
Topic
general

PER CURIAM: The Equal Employment Opportunity Commission (EEOC) brought this appeal seeking enforcement of an EEOC subpoena. On September 19, 1974 the United States District Court for the Northern District of Alabama dismissed the EEOC’s enforcement action citing the Commission’s seventeen month delay in seeking enforcement. This court reversed, EEOC v. Exchange Security Bank, 529 F.2d 1214 (5th Cir. 1976), holding that there was no showing of prejudice caused by the delay. On remand, after a full hearing, the district court found prejudice and again denied the Commission’s request for enforcement of their subpoena.

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Cited by
4 opinions
EQUAL EMPLOYMENT OPPORTUNITY COMM v. ALA. BANK,611 F.2d 132(5th Cir. 1980)
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF-APPELLANT, v. FIRST
ALABAMA BANK OF BIRMINGHAM, DEFENDANT-APPELLEE.
No. 78-1249.
United States Court of Appeals, Fifth Circuit.
January 31, 1980.
Joseph T. Eddins, Jr., Associate Gen. Counsel, Beatrice Rosenberg, Asst. Gen. Counsel, Mark S. Flynn, EEOC, Washington, D.C., for plaintiff-appellant.

Lange, Simpson, Robinson Somerville, Harry L. Hopkins, Birmingham, Ala., for defendant-appellee.
Appeal from the United States District Court for the Northern District of Alabama; James Hughes Hancock, Judge.
Before GEWIN, RUBIN and SAM D. JOHNSON, Jr., Circuit Judges.
PER CURIAM:
[1] The Equal Employment Opportunity Commission (EEOC) brought this appeal seeking enforcement of an EEOC subpoena. On September 19, 1974 the United States District Court for the Northern District of Alabama dismissed the EEOC's enforcement action citing the Commission's seventeen month delay in seeking enforcement. This court reversed,EEOC v. Exchange Security Bank,529 F.2d 1214(5th Cir. 1976), holding that there was no showing of prejudice caused by the delay. On remand, after a full hearing, the district court found prejudice and again denied the Commission's request for enforcement of their subpoena.EEOC v. First AlabamaBank of Birmingham,440 F. Supp. 1381(N.D.Ala. 1977). We affirm based on the Findings of Fact and Conclusions of Law of the district court.

[2] AFFIRMED.