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JENSON v. EVELETH TACONITE CO.

No. 97-1147.

130 F.3d 1287 (1997)

Lois E. JENSON; Patricia S. Kosmach; Kathleen O'Brien Anderson, on their own behalf and on behalf of all others similarly situated; Plaintiffs-Appellants, Angel Alaspa; Shirley Burton; Audrey Daniels; Marilyn Greiner; Diane Hodge; Joan Hunholtz; Judy Jarvela; Mavie Maki; Michelle Mesich; Priscilla Robich; Debra Sersha; Marcia Steele; Marjorie Tolbert; Denise Vesel, Appellants, v. EVELETH TACONITE COMPANY; Eveleth Expansion Company; Oglebay Norton Company; Oglebay Norton Taconite Company, doing business as Evelyth Mines; United Steelworkers of America, Local 6860, Defendants-Appellees, NOW Legal Defense and Education Fund, Amicus Curiae, National Employment Lawyers Association, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided December 5, 1997.

Attorney(s) appearing for the Case

Jean Marie Boler, Minneapolis, MN, argued (Lawrence P. Schaefer, Susan M. Coler, Paul C. Sprenger, Jane Lang, and Daniel B. Edelman), for Plaintiffs-Appellants.

David P. Jendrzejek, Minneapolis, MN, argued (W. Scott Herzog and Thomas R. Sheran, on the brief), for Defendants-Appellees.

Before McMILLIAN, FLOYD R. GIBSON and LAY, Circuit Judges.

LAY, Circuit Judge.

This case has a long, tortured, and unfortunate history. In August 1988, Lois Jenson and Patricia Kosmach filed a class action suit against Eveleth Mines1 alleging sex discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e-2, and the Minnesota Human Rights Act (MHRA), Minn.Stat. § 363.03, subd. 1(2). Three years later, the district court certified a class of...

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