FLAUM, Circuit Judge, concurring. I join the majority’s final conclusions that the EEOC’s complaint does not meet the notice pleading standards of Rule 8(a) of the Federal Rules of Civil Procedure and that the EEOC did not plead itself out of court by referring to the charge in its complaint. I respectfully disagree, however, that the complaint was insufficient under our pre-Bell Atlantic case law.…
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