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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. SUNDANCE REHABILITATION CORPORATION

No. 04-4178.

466 F.3d 490 (2006)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF-aPPELLEE, v. SUNDANCE REHABILITATION CORPORATION, DEFENDANT-APPELLANT.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 24, 2006.

Attorney(s) appearing for the Case

ARGUED: Dean E. Westman, KASTNER, WESTMAN & WILKINS, Akron, Ohio, for Appellant.

Daniel Travis Vail, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Washington, D.C., for Appellee.

ON BRIEF: Dean E. Westman, Thomas Evan Green, KASTNER, WESTMAN & WILKINS, Akron, Ohio, for Appellant.

Daniel Travis Vail, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Washington, D.C., for Appellee.

Ann E. Reesman, MCGUINESS, NORRIS & WILLIAMS, Washington, D.C., for Amici Curiae.

Before: BOGGS, Chief Judge; BATCHELDER, Circuit Judge; COHN, District Judge.

Pursuant to Sixth Circuit Rule 206

BOGGS, C.J., delivered the opinion of the court in which, BATCHELDER, J., joined. COHN, D.J. (p. 13), delivered a separate dissenting opinion.

OPINION

BOGGS, Chief Judge.

Defendant SunDance Rehabilitation Corporation ("SunDance") appeals the district court's grant of summary judgment in favor of the Equal Employment Opportunity Commission ("EEOC") on cross-motions for summary judgment. The EEOC sued SunDance...

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