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E.E.O.C. v. SEARS ROEBUCK AND CO.

Nos. 00-1507, 00-1509.

243 F.3d 846 (2001)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, and Francisco G. Santana, Plaintiff, v. SEARS ROEBUCK AND COMPANY, Defendant-Appellee. Francisco G. Santana, Plaintiff-Appellant, and Equal Employment Opportunity Commission, Plaintiff, v. Sears Roebuck and Company, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 16, 2001.

Attorney(s) appearing for the Case

ARGUED: Robert John Gregory, Office of General Counsel, Equal Employment Opportunity Commission, Washington, DC, ON BRIEF: C. Gregory Stewart, General Counsel, Philip B. Sklover, Associate General Counsel, Lorraine C. Davis, Assistant General Counsel, Lisa J. Banks, Office of General Counsel, Equal Employment Opportunity Commission, Washington, D.C., for Appellants.

James Bernard Spears, Jr., Haynsworth, Baldwin, Johnson & Greaves, L.L.C., Charlotte, North Carolina, Jerry H. Walters, Jr., Haynsworth, Baldwin, Johnson & Greaves, L.L.C., Charlotte, North Carolina, for Appellee.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Reversed and remanded by published opinion. Judge Diana Gribbon Motz wrote the majority opinion, in which Judge MICHAEL joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The Equal Employment Opportunity Commission (EEOC) brought this Title VII action on behalf of intervenor Francisco Santana, asserting that Sears Roebuck & Co. discriminated against Santana on the basis of national origin when it refused...

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