ADOLPH COORS COMPANY, Petitioner-Appellee, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Defendant-Appellant

464 F.2d 1270

Opinions

PER CURIAM.

This is an appeal from a judgment of the District Court setting aside a demand of the Equal Employment Opportunity Commission for access to evidence and compliance to give testimony under oath. Without considering other questions raised by appellee’s petition to set aside the Commission’s demand, the District Court concluded that the initial Commissioner’s charge was invalid for failing to state facts as required by 42 U.S.C.A. § 2000e-5(a), and that all proceedings based thereon were invalid. 320 F.Supp. 1025.¹

Disposition of this appeal has been deferred pending the en banc opinion on a similar question in Sparton Southwest, Inc., v. Equal Employment Opportunity Commission, 461 F.2d 1055 (10th Cir., filed June 14, 1972). We are satisfied that the Sparton Southwest opinion controls here since the charges and the question of their sufficiency are substantially the same as here. Accordingly, the judgment is vacated and the cause is remanded for further proceedings and consideration of other issues relating to the Commission’s demand.

1 . The Commissioner’s charge is set forth in full in the District Court’s opinion, 320 F.Supp. at 1025-1026. In substance the charge states that the Commissioner had reasonable cause to believe that appellee was discriminating against Negroes, American-Indians and Spanish surnamed Americans on the basis of race or national origin with respect to recruitment and hiring.

1 . This section, provides in pertinent part: “(a) Whenever it is charged in writing under oath by a person claiming to be aggrieved, or a written charge has been filed by a member of the Commission where he has reasonable cause to believe a violation of this subchapter has occurred (and such charge sets forth the facts upon which it is based) that an employer, employment agency, or labor organization has engaged in an unlawful employment practice * * * ”