WEAHKEE v. POWELL

No. 75-1256.

532 F.2d 727 (1976)

Clarence WEAHKEE, Plaintiff-Appellant, v. John H. POWELL, Jr., Chairman of Equal Employment Opportunity Commission, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 15, 1976.


Attorney(s) appearing for the Case

William S. Dixon, Albuquerque, N.M. (Rodey, Dickason, Sloan, Akin & Robb, P. C., and Thomas E. Luebben, Jr., of National Indian Youth Council, Albuquerque, N.M., on the brief), for plaintiff-appellant.

Ramon V. Gomez, Washington, D.C., and William R. Hughes, Jr., Albuquerque, N.M. (Julia P. Cooper, Acting Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, Beatrice Rosenberg and Charles L. Reischel, Attys., E. E. O. C., Washington, D.C., on the brief), for defendants-appellees.

Before LEWIS, Chief Judge, and BREITENSTEIN and McWILLIAMS, Circuit Judges.


BREITENSTEIN, Circuit Judge.

This class-action civil rights suit presents several issues. On some claims the district court held that it had no jurisdiction and on others it granted summary judgment. We reverse.

On January 16, 1974, plaintiff-appellant Weahkee sued the Equal Employment Opportunity Commission and various federal officials and employees. He sued both individually and on behalf of a class composed of all American Indians who are now, or were...

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