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BRITO v. ZIA COMPANY

Nos. 72-1631, 72-1632.

478 F.2d 1200 (1973)

Alfred BRITO et al., Plaintiffs-Appellants and Cross-Appellees, v. The ZIA COMPANY, Defendant-Appellee and Cross-Appellant. Manuel QUINTANA and Arthur Jaramillo, Plaintiffs-Cross Appellees, v. The ZIA COMPANY, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 18, 1973.

Attorney(s) appearing for the Case

Melvin L. Robins, Albuquerque, N. M. (Lorenzo A. Chavez, Albuquerque, N. M., and Mario Obledo, San Francisco, Cal., on the brief) for appellants.

John P. Burton, Albuquerque, N. M. (L. J. Maveety, Los Alamos, N. M., and William A. Sloan, Albuquerque, N. M., on the brief) for appellee and cross-appellant.

Before SETH and BARRETT, Circuit Judges, and SMITH, District Judge.

BARRETT, Circuit Judge.

Alfred Brito, Max Roybal, Richard Lopez, Tony Mier, and Robert Keahbone appeal from a Judgment in their favor brought pursuant to the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e-2 et seq.1 The Zia Company filed a cross-appeal. Manuel Quintana and Arthur Jaramillo are cross-appellees.

The District Court held that the employee performance evaluation test used by Zia had not been validated in accordance...

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