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E.E.O.C. v. FOND du LAC HEAVY EQUIPMENT AND CONST. CO.

No. 91-3561.

986 F.2d 246 (1993)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. FOND du LAC HEAVY EQUIPMENT AND CONSTRUCTION CO., INC., and Fond du Lac Band of Lake Superior Chippewa, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 19, 1993.

Rehearing and Rehearing Denied April 6, 1993.

Attorney(s) appearing for the Case

Robert J. Gregory, Washington, DC, argued (Donald R. Livington, Gwendolyn Young Reams, Lorraine C. David and Robert J. Gregory, on the brief), for appellant.

Dennis Peterson, Cloquet, MN, for appellees.

Before WOLLMAN and HANSEN, Circuit Judges, and ROY, Senior District Judge.

Rehearing and Rehearing En Banc Denied April 6, 1993.

HANSEN, Circuit Judge.

The Equal Employment Opportunity Commission (EEOC) brought a discrimination claim under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., against Fond du Lac Heavy Equipment and Construction Company and Fond du Lac Band of Lake Superior Chippewa. Fond du Lac Band of Lake Superior Chippewa is a federally...

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