Abelino ARCHULETA, Plaintiff-Appellee, v. DUFFY’S INC., Defendant-Appellant

I respectfully dissent. In my opinion the trial judge correctly rejected the contention that the court had not gained jurisdiction over the case within the 30-day limit provided by § 2000e.

While I do not disagree with the facts as stated in the majority opinion, I see, in view of the position I take, a need for extending the fact statement briefly. There is need to emphasize, for example, that Denver Pop Company, the concern named in the original complaint, and Duffy’s Inc. did have some relationship and that Duffy’s had actual notice of the filing of the action.

On October 15, 1969, the…