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WEAHKEE v. NORTON

No. 78-1294.

621 F.2d 1080 (1980)

Clarence WEAHKEE, Plaintiff-Appellant, v. Eleanor Holmes NORTON, Chairwoman of Equal Employment Opportunity Commission, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 19, 1980.

Attorney(s) appearing for the Case

William S. Dixon of Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M. (Thomas E. Luebben of Luebben, Hughes & Kelly and Peter C. Chestnut, Albuquerque, N. M., with him on brief), for plaintiff-appellant.

Ramon V. Gomez, Washington, D. C. (Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Associate Gen. Counsel, Beatrice Rosenberg, Asst. Gen. Counsel, Equal Employment Opportunity Commission, Washington, D. C., with him on brief), for defendant-appellee.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This is an appeal by Clarence Weahkee from a decision that his employer, the Equal Employment Opportunity Commission (EEOC), did not discriminate against him because of race or because he had filed administrative charges against the EEOC. Jurisdiction is based upon Title VII of the Civil Rights Act of 1964 as amended. 42 U.S.C. §§ 2000e-5, 2000e-16. The action is before us for a second time. See Weahkee v. Powell,

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