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E.E.O.C. v. LUTHERAN SOCIAL SERVICES

Nos. 98-5245 and 98-5401.

186 F.3d 959 (1999)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellee/Cross-Appellant, v. LUTHERAN SOCIAL SERVICES, Appellant/Cross-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 24, 1999.

Attorney(s) appearing for the Case

Jonathan P. Graham argued the cause for appellant/cross-appellee. With him on the briefs was Dan S. Sokolov.

John F. Suhre, Attorney, Equal Employment Opportunity Commission, argued the cause for appellee/cross-appellant. With him on the briefs was Philip B. Sklover, Associate General Counsel.

Before: SILBERMAN, WILLIAMS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

Dissenting opinion filed by Circuit Judge SILBERMAN.

TATEL, Circuit Judge:

In this proceeding to enforce an administrative subpoena, the Equal Employment Opportunity Commission seeks access to a report prepared by attorneys for appellant Lutheran Social Services summarizing the results of an investigation into alleged violations of Title VII. The EEOC argues that Lutheran waived its claim that the...

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