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RUDEBUSCH v. HUGHES

No. 01-15287.

313 F.3d 506 (2002)

George RUDEBUSCH; Theresa Chapas; James E. Bartell; Gary Bateman; Harvey Becher; John Bloom; Burton Brown; Craig Caldwell; Keith Cunningham; Randy Dillingham; Michael A. Falk; Jay Farness; Steve Funk; Wade Harrison; William Hildred; John Hill; Thomas Hoisch; Edward Hood; Guenther Huck; Stephen Jackson; Arnold Johnson; David Kitterman; Stephen D. Lapan; Eugene Loverich; Michael Malone; Andrew Odell; Richard Packard; Gilbert C. Pogany; Timothy L. Porter; Loren Reser; Adrian Riskin; Howard Salisbury; Michael Sanera; James D. Simmerman; Wayne Sjoberg; Michael Tanner; Charles T. Way; James Windes; Michael Wunsch; Robert Zoeliner; Ken Nicolls, Plaintiffs-Appellants, v. Eugene HUGHES, Individually and as President of Northern Arizona University; Margaret Hughes; State of Arizona; Northern Arizona University; Board of Arizona Regents, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 9, 2002.

Attorney(s) appearing for the Case

Thomas C. Horne, Horne, Ducar, Lorona & Slaton, L.L.P., Phoenix, AZ, for the plaintiffs-appellants.

Janet Napolitano, Arizona Attorney General, and Lisa K. Hudson, Assistant Attorney General, Office of the Arizona Attorney General, Phoenix, AZ, for the defendants-appellees.

Before: RYMER, KLEINFELD, and McKEOWN, Circuit Judges.

Opinion by Judge McKEOWN; Partial Concurrence and Partial Dissent by Judge KLEINFELD.

McKEOWN, Circuit Judge:

We address here a challenge to the one-time base pay adjustments given to certain women and minority faculty by Northern Arizona University in an effort to achieve pay equity mandated by federal regulations. The appeal presents claims under both the Equal Protection Clause as against the university president and under Title VII as against the University...

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