Gussie MICKEL, Appellant, v. SOUTH CAROLINA STATE EMPLOYMENT SERVICE and/or Exide Battery Service, Appellees

BOREMAN, Circuit Judge.

Plaintiff, Gussie L. Mickel, brought this action against the South Carolina State Employment Service (hereafter State Employment Service) and Exide Battery Company (hereafter Exide) in the federal district court at Columbia, South Carolina, under Title VII of the Civil Rights Act of 1964. 1 After Exide had filed a motion to dismiss, with supporting affidavits, and had answered, the district court treated the motion as one for summary judgment and granted the motion in favor of Exide. We affirm the judgment of the district court.

The gravamen of the plaintiff’s complaint…