claim in this suit and that set forth in the first count of the previous suit is that this suit resulted from a second right to sue letter. That is, the plaintiff filed charges with the E.E.O.C. on November 10, 1971 and then again on November 6, 1973. In each case a right to sue letter issued from the Commission. Giving a broad reading to the allegations of the first count of the first federal suit, it is apparent that the allegations of this second suit are subsumed within the first. It is also apparent that those events set out in para. 11 of the second suit which occurred subsequent to the filing of the second amended complaint in the first federal suit are alleged to be a part of a continuing practice of discrimination on the part of the defendants.
Principles of res judicata are fully applicable to actions brought under the federal Civil Rights Act. Preiser v. Rodriguez, 411 U.S. 475, 497, 36 L. Ed. 2d 439, 93 S. Ct. 1827 (1973). Thus, where a cause of action which encompasses a claim under the Civil Rights Act reaches judgment in one court, the judgment of that court will be given the same preclusive effect by a second court as would any other judgment of that first court.
28 U.S.C. § 1738 extended the Full Faith and Credit provisions of the United States Constitution, Art. 4, § 1 to all courts, federal as well as state. Davis v. Davis, 305 U.S. 32, 40, 83 L. Ed. 26, 59 S. Ct. 3 (1938). Under the principles of Full Faith and Credit, "[state] court judgments are entitled to the same res judicata effect in Federal courts as in State courts . . . and this principle is applicable to decisions involving Federal constitutional questions as well as issues of State law." Olson v. Board of Educ. of Union Free School Dist. No. 12, Malverne, N.Y., 250 F. Supp. 1000, 1004, n.8 (E.D. N.Y. 1966), appeal dismissed 367 F.2d 565 (2d Cir. 1966) (citations omitted). Thus, the question presented is to what extent the judgment of the Superior Court of New Jersey, entered February 22, 1974, dismissing the plaintiff's cause of action would bar the instant case if it were brought in the courts of New Jersey.
It is clear from the review of the pleadings conducted above that all of the claims filed in this court arise out of the same complex of facts that gave rise to the state court action. New Jersey law is committed to the "enlightened policy that just and expeditious disposition at one time and place of all matters in controversy between the parties is to be encouraged." Wangler v. Harvey, 41 N.J. 277, 287, 196 A.2d 513 (1963) (concurring opinion). Following the adoption of the reforms introduced by the Judicial Article of the 1947 Constitution of New Jersey, which joined the powers of law and equity in one Superior Court, New Jersey courts have consistently sought to resolve all claims arising out of the same factual circumstances in a single action. For instance, a judgment denying a claim for rescission will subsequently bar an action for damages arising out of the same factual situation. Ajamian v. Schlanger, 14 N.J. 483, 103 A.2d 9 (1954). In another case, the plaintiff was precluded from bringing a suit for damages arising out of the refusal of the county medical society to admit him to membership. He had previously brought an action in lieu of prerogative writs to compel the board to admit him to membership and had won the suit. The court held that the second action for damages sustained prior to the judgment in the first suit was barred by the single controversy doctrine. Falcone v. Middlesex Co. Med. Soc., 82 N.J. Super. 133, 196 A.2d 808 (Law Div. 1964), affirmed 87 N.J. Super. 486, 210 A.2d 78 (App. Div. 1965), modified 47 N.J. 92, 219 A.2d 505 (1966). The same reasoning compels the conclusion that the present actions, had they been brought in New Jersey, would be barred. They are merely different theories advanced by the plaintiff for recovery upon the same cause of action which was the subject of the previous litigation in the state court. Similar results have been reached by other federal courts confronted with the same issue. See, e.g., Lovely v. Laliberte, 498 F.2d 1261 (1st Cir. 1974), cert. denied 419 U.S. 1038, 42 L. Ed. 2d 316, 95 S. Ct. 526 (1974); Davis v. Towe, 379 F. Supp. 536 (E.D. Va. 1974).
Of course, the New Jersey "single controversy doctrine" would have no application if the courts of New Jersey were incompetent to entertain the claims presented in the instant cases. Indeed, the plaintiff has argued that the state courts are without jurisdiction over the claims pleaded here. It is established that state courts exercise concurrent jurisdiction with the federal district courts over cases arising under 42 U.S.C. § 1983. Long v. District of Columbia, 152 U.S. App. D.C. 187, 469 F.2d 927 (1972). This holding is equally applicable to cases arising under 42 U.S.C. § 1985. While the question never has been decided whether state courts also exercise concurrent jurisdiction over suits arising under the Equal Employment Opportunity Act, 42 U.S.C. §§ 2000e et seq., no reason appears to conclude that they do not.
Prior to the passage of the 1875 Judiciary Act,
the federal district courts exercised no general federal question jurisdiction. This Act invested them with the power to exercise jurisdiction over these cases, subject to a $500 amount in controversy requirement. This Act did not, however, alter the general rule, established more than half a century prior to its passage, that state courts of general jurisdiction have the power to exercise jurisdiction over cases arising under the Constitution, laws or treaties of the United States unless this power is expressly taken away by Congress. Houston v. Moore, 18 U.S. (5 Wheat.) 1, 25-27, 5 L. Ed. 19 (1820). This general rule continues to maintain its vitality. See Dowd Box Co. v. Courtney, 368 U.S. 502, 508, 7 L. Ed. 2d 483, 82 S. Ct. 519 (1962).
42 U.S.C. § 2000e-5(f)(1) creates several different causes of action for violation of the substantive provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. This subsection provides that:
. . . the Commission may bring a civil action against any respondent not a government, governmental agency, or political subdivision named in the charge. In the case of a respondent which is a government, governmental agency, or political subdivision . . . the Attorney General . . . may bring a civil action against such respondent in the appropriate United States district court. . . .
Otherwise, in cases where neither the Commission nor the Attorney General has brought suit within a specified period of time, one or the other of them shall so notify the person aggrieved and:
. . . within ninety days after the giving of such notice a civil action may be brought against the respondent named in the charge (A) by the person claiming to be aggrieved . . . .