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E.E.O.C. v. DILLON COMPANIES, INC.

No. 01-1478.

310 F.3d 1271 (2002)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Petitioner-Appellant, v. DILLON COMPANIES, INC., d/b/a King Soopers, Inc., Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

November 13, 2002.

Attorney(s) appearing for the Case

John F. Suhre (Susan L.P. Starr; Nicholas M. Inzeo, Acting Deputy General Counsel; Philip B. Sklover, Associate General Counsel; Vincent J. Blackwood, Assistant General Counsel, with him on the briefs), Equal Employment Opportunity Commission, Washington, DC, for Petitioner-Appellant.

Edward J. Butler (Raymond M. Deeny, with him on the brief), Sherman & Howard, L.L.C., Colorado Springs, CO, for Respondent-Appellee.

Before HENRY, Circuit Judge, BRORBY, Senior Circuit Judge, and LUCERO, Circuit Judge.

LUCERO, Circuit Judge.

This is an appeal from a district court order partially denying the petition of the Equal Employment Opportunity Commission ("EEOC") for enforcement of an administrative subpoena relating to an investigation under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12117. The primary issue presented is whether an EEOC administrative subpoena seeking information about job vacancies is enforceable against an employer who asserts that...

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