United States Fifth Circuit

Given the ordinary meaning of the word "issued" in 29 C.F.R. section 1601.19(b), the notice of intent to reconsider was issued on the day it was mailed from the EEOC's office. When the notice to reconsider is issued on the same day that the complaint is filed, the issuance and filing are simultaneous and, consequently, the complaint has not been filed before the issuance of the notice.

Appellate Information

• Decided 12/30/2003
• Published 12/30/2003

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, SMITH and EMILIO M. GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Malinda Ann Gaul (argued), Gaul & Dumont, San Antonio, TX, for Martin., Mark Anthony Sanchez (argued), Beverly West Stephens (argued), Gale, Wilson & Sanchez, San Antonio, TX, for Alamo Community College Dist., Louis Lopez (argued), EEOC, Washington, DC, for EEOC, Amicus Curiae.