EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. the TIMES-PICAYUNE PUBLISHING CORPORATION
8 Fair empl.prac.cas. 697, 8 Empl. Prac. Dec. P 9660 Equal Employment Opportunity Commission v. the Times-Picayune Publishing Corporation
Opinion
PER CURIAM:
Although we have been asked to render considerable advice as to what the EEOC must have done before it can prevail in this lawsuit, we regard this as a pleading case only, controlled by this Court’s recent decision in EEOC v. Standard Forge & Axle Co., 496 F.2d 1392 (5th Cir. 1974).
By following Standard Forge, we think the original complaint filed in this case by the EEOC, generally alleging that “all conditions precedent to the institution of the lawsuit have been fulfilled,” was sufficient to withstand a” motion to dismiss for lack of jurisdiction of the subject matter under Federal Rule of Civil Procedure 12(b)(1), and sufficiently complied with Rules 8(a) (1) and 9(c).
We need not concern ourselves whether the more limited allegations in the second complaint omit some condition precedent that may ultimately control the outcome of the case, inasmuch as this amended complaint was filed in an effort to meet the District Court’s erroneous view of the law.
We therefore vacate the orders and judgment of the District Court granting defendant’s motions to dismiss pursuant *393 to Rule 12(b)(1), with directions to permit plaintiff to file a complaint alleging generally that all conditions precedent have been performed or have occurred, so that the litigation may proceed from that point, in accordance with our decision in Standard Forge.
The appellee shall bear the cost of this appeal.
Vacated and remanded with directions.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(Finding the original complaint “generally alleging that ‘all conditions precedent to the institution of the lawsuit have been fulfilled,’ was sufficient to withstand a motion 1 to dismiss.”)
Cited by 9 cases
View all citing references →Relies on it most ⓘ
- 29 Fair empl.prac.cas. 442, 29 Empl. Prac. Dec. P 32,851, 10 Fed. R. Evid. Serv. 1410 Curtis Jackson, W. C. McClendon Lige Scretchen, Nathaniel Cooper and W. E. Parker v. Seaboard Coast Line Railroad Company, Brotherhood Railway Carmen of the United States and Canada
- Myers v. CENTRAL FLORIDA INVESTMENTS, INC.
- Marcia E. Stearns v. Consolidated Management, Inc.
- Dinkins v. Charoen Pokphand USA, Inc.
- Equal Employment Opportunity Commission v. National Cash Register Co.
- Johnson v. Duval County Teachers Credit Union
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- Marcia E. Stearns v. Consolidated Management, Inc.
- 29 Fair empl.prac.cas. 442, 29 Empl. Prac. Dec. P 32,851, 10 Fed. R. Evid. Serv. 1410 Curtis Jackson, W. C. McClendon Lige Scretchen, Nathaniel Cooper and W. E. Parker v. Seaboard Coast Line Railroad Company, Brotherhood Railway Carmen of the United States and Canada
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