Legal Opinion

Nathaniel HARVEY, Plaintiff-Appellant, v. CITY OF NEW BERN POLICE DEPARTMENT, Defendant-Appellee

Court of Appeals for the Fourth Circuit

Decided March 19, 1987No. 86-3594PublishedCited by 151 opinions

1Opinion of the Court

CHAPMAN, Circuit Judge:

This claim was brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. At issue is whether the ninety day statutory period for filing an action with the district court commenced when the claimant’s wife took delivery of the notice of right to sue. This is a matter of first impression with this circuit, and in affirming the decision of the district court, we adopt the flexible rule which has been fashioned by the Fifth and Eleventh Circuits.

I

This action grows out of the decision of the City of New Bern Police Department to promote a…

2Cases cited3 opinions

  1. Harold FRANKS, Plaintiff-Appellant, Johnny Lee, Intervenor-Appellant, v. BOWMAN TRANSPORTATION COMPANY Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1974
  2. Richard G. ESPINOZA, Plaintiff-Appellant, v. MISSOURI PACIFIC RAILROAD CO., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1985
  3. James P. BELL, Plaintiff-Appellant, v. EAGLE MOTOR LINES, INC., Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1982

3Cited by151 opinions

  1. Aurelia SCHOLAR, Plaintiff/Appellant, v. PACIFIC BELL, a Pacific Telesis Company, a Corporation, Defendant/AppelleeCourt of Appeals for the Ninth Circuit · 1992
  2. Tedder R. Million v. Anthony M. Frank, Postmaster General, U.S. Postal ServiceCourt of Appeals for the Tenth Circuit · 1995
  3. Balazs v. LiebenthalCourt of Appeals for the Fourth Circuit · 1994
  4. Sonja Watts-Means v. Prince George's Family Crisis Center, (Two Cases). Sonja Watts-Means v. Prince George's Family Crisis CenterCourt of Appeals for the Fourth Circuit · 1993
  5. Nelmida v. Shelly Eurocars, Inc.Court of Appeals for the Ninth Circuit · 1997

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