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CARPENTER v. BOEING CO.

Nos. 04-3334, 04-3350, 04-3351, 04-602.

456 F.3d 1183 (2006)

Karla CARPENTER; Linda Wilkerson; Sheryl Landon; Sandy Wilcynski; Sonya Phillips; Charlene Chapman; Cheryl Lee Persinger; Nena Holder; Ruby Ryherd, individually & on behalf of all others similarly situated; Mary Dean; Faith Bridgewater; Verlene Maholmes, individually, Plaintiffs-Appellants/Cross-Appellees, v. The BOEING COMPANY, Defendant-Appellee/Cross-Appellant. Karla Carpenter; Linda Wilkerson; Sheryl Landon; Sandy Wilcynski; Sonya Phillips; Charlene Chapman; Cheryl Lee Persinger; Nena Holder; Ruby Ryherd, individually, and on behalf of all other persons similarly situated, Petitioners, v. The Boeing Company, Respondent.

United States Court of Appeals, Tenth Circuit.

August 7, 2006.

Attorney(s) appearing for the Case

Jeffrey T. Sprung, Hagans Berman Sobol Shapiro, LLP, argued for Plaintiffs-Appellants/Cross-Appellees, (Steve W. Berman, Andrew M. Volk, Ivy D. Arai, Hagans Berman Sobol Shapiro LLP, Seattle, WA, and Mark B. Hutton and Derek S. Casey, Hutton & Hutton, Wichita, KS, with him on the brief).

James M. Armstrong, Foulston Siefkin LLP, argued for Defendant-Appellee/Cross-Appellant, (Mary Kathleen Babcock, Trisha A. Thelen, Carolyn L. Matthews, Foulston Siefkin LLP, Wichita, KS, and C. Geoffrey Weirich, Paul, Hastings, Janofsky & Walker LLP, Atlanta, GA, with him on the brief).

Mary Dean, Faith Bridgewater and Verlene Malhomes, pro se Plaintiffs-Appellants/Cross-Appellees, submitted a brief.

Before HARTZ, ANDERSON, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

Plaintiffs appeal from the district court's disposition of the employment-discrimination claims of female employees at the Boeing Company's Wichita, Kansas, facility. They have sought to bring class-action claims alleging several unlawful employment practices under both disparate-impact and disparate-treatment theories of discrimination. The two subclasses relevant to this appeal are a subclass of hourly female workers (the Hourly Subclass) and...

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