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ANDERSON v. CITY OF ALBUQUERQUE

No. 80-1679.

690 F.2d 796 (1982)

Kirsten J. ANDERSON, individually and on behalf of all other persons similarly situated, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 12, 1982.

Attorney(s) appearing for the Case

Ann Yalman, Sante Fe, N. M., for plaintiff-appellant.

Albert N. Thiel, Jr., Asst. City Atty., Albuquerque, N. M., for defendant-appellee.

Sandra G. Bryan, Washington, D. C. (LeRoy D. Clark, Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, Paul E. Mirengoff, Attys., E. E. O. C., Washington, D. C., with her on brief), for amicus curiae for E. E. O. C.

Before SETH, McWILLIAMS and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Kirsten Anderson instituted this class action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that the City of Albuquerque discriminated on the basis of sex in its employment practices. The trial court denied Anderson's motion to certify the class. It also held that the position for which Anderson unsuccessfully applied was exempt from Title VII coverage under section 701(f), 42 U.S.C. 2000e...

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