23 Fair empl.prac.cas. 251, 23 Empl. Prac. Dec. P 31,109 Equal Employment Opportunity Commission v. Alioto Fish Co., Ltd., Hotel & Restaurant Employees and Bartenders Union, Local No. 2

623 F.2d 86 23 Fair Empl.Prac.Cas. 251 , 23 Empl. Prac. Dec. P 31,109 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. ALIOTO FISH CO., LTD., Hotel & Restaurant Employees and Bartenders Union, Local No. 2, Defendants-Appellees. No. 78-2365. United States Court of Appeals, Ninth Circuit. July 9, 1980. Lutz A. Alexander Prager, Washington, D. C., argued for plaintiff-appellant; Neil A. J. McPhie, Equal Employment Opportunity Com'n, Washington, D. C., on brief. Richard Saveri, San Francisco, Cal., argued for defendants-appellees; Saveri & Saveri, San Francisco, Cal., on brief. Appeal from the United States District Court for the Northern District of California. Before KENNEDY and NELSON, Circuit Judges, and STEPHENS, District Judge. * KENNEDY, Circuit Judge: 1 The Equal Employment Opportunity Commission (EEOC) appeals from a district court order granting summary judgment and dismissing an action against Alioto Fish Co., Ltd. (Alioto). We hold that the district court correctly found that the action was barred by laches. Accordingly, we affirm. 2 On June 5, 1971, Eve Stone filed a charge with the EEOC alleging that Alioto had discriminated against her on the…