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E.E.O.C. v. FRANK'S NURSERY & CRAFTS, INC.

No. 97-1698.

177 F.3d 448 (1999)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. FRANK'S NURSERY & CRAFTS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 23, 1999.

Attorney(s) appearing for the Case

Barbara L. Sloan (argued and briefed), Equal Employment Opportunity Commission, Office of the General Counsel, Washington, D.C., for Plaintiff-Appellant. Charles C. DeWitt, Jr. (argued and briefed), Brian B. Smith (briefed), DeWitt, Balke & Vincent, Detroit, Michigan, for Defendant-Appellee. Eric Quinn Gery, McGuiness & Williams, Washington, DC, for amicus curiae.

Before: NELSON, CLAY, and GIBSON, Circuit Judges.

CLAY, J., delivered the opinion of the court, in which JOHN R. GIBSON, J., joined. DAVID A. NELSON, J. (pp. 468-71), delivered a separate opinion concurring in part and dissenting in part.

CLAY, Circuit Judge.

The Equal Employment Opportunity Commission ("EEOC") appeals the order of the district court both dismissing its claims brought on behalf of Carol Adams ("Adams") and a class of similarly situated employees under Title VII of the Civil Rights Act of...

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