Legal Opinion · Dissent

The Cleveland Newspaper Guild, Local 1 v. The Plain Dealer Publishing Co.

Court of Appeals for the Sixth Circuit

Decided February 11, 1988No. 86-3140Published

1DissentMilburn, Circuit Judge

Because I believe section 706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(l), and the policies it reflects preclude invocation of the equitable doctrine of laches where the charging party elects to await completion of the EEOC’s processing of the charge and issuance of a right-to-sue notice prior to filing suit, and because I believe *1158that a proper application of the doctrine of laches in the present case would not bar plaintiff’s claim, I must respectfully dissent.

I

Where, as here, an action arises under a statute enacted by Congress, the doctrine of…

2Cases cited39 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Griggs v. Duke Power Co.Supreme Court of the United States · 1971
  3. Udall v. TallmanSupreme Court of the United States · 1965
  4. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  5. Weinberger v. Romero-BarceloSupreme Court of the United States · 1982

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