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

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…