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E.E.O.C. v. BURLINGTON NORTHERN SANTA FE R.R.

No. 11-1121.

669 F.3d 1154 (2012)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. BURLINGTON NORTHERN SANTA FE RAILROAD, n/k/a BNSF Railway Company, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 27, 2012.

Attorney(s) appearing for the Case

Gail Coleman ( P. David Lopez , General Counsel, Lorraine C. Davis , Assistant General Counsel, and Daniel T. Vail, Esq. of U.S. Equal Employment Opportunity Commission, Office of General Counsel, with her on the briefs), Washington, D.C., for Plaintiff-Appellant.

Bryan P. Neal , Thompson & Knight LLP, Dallas, TX (and Andrew David Ringel , Hall & Evans, LLC, with him on the brief), Denver, CO, for Defendant-Appellee.

Before KELLY, MURPHY, and O'BRIEN, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

The Equal Employment Opportunity Commission ("EEOC") appeals from the judgment of the district court declining to enforce an administrative subpoena against Burlington Northern Santa Fe Railroad, now known as Burlington Northern Santa Fe Railway Company ("BNSF"). On appeal, the EEOC argues that the district court abused its discretion because it "applied erroneous legal principles and ignored record evidence." Aplt. Br. 16. Our jurisdiction...

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