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MOUNTAIN STATES T. & T. CO. v. EQUAL EMPLOYMENT OP. COM'N

No. 71-1434.

466 F.2d 541 (1972)

MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado Corporation, Petitioner-Appellee, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, etc., Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 6, 1972.

Attorney(s) appearing for the Case

George H. Darden, Washington, D. C. (John de J. Pemberton, Jr., Deputy General Counsel, and Julia P. Cooper, Chief, Appellate Section, Washington, D. C., on the brief), for respondent-appellant.

Carl F. Eiberger, Denver, Colo. (James T. Paulantis, Albuquerque, N. M., and David R. Hansen, Denver, Colo., on the brief), for petitioner-appellee.

Before CLARK, Associate Justice, HILL and DOYLE, United States Circuit Judges.

PER CURIAM.

This is a direct appeal from a judgment entered by the United States District Court for the District of New Mexico on April 16, 1971, granting the petition of Mountain States Telephone and Telegraph Company (Company) to quash the demand of the Equal Employment Opportunity Commission (EEOC) for access to evidence and compliance to give testimony under oath.

On March 26, 1969, Commissioner Vicente Ximenes of EEOC issued a charge of discrimination...

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