E.E.O.C. v. PEABODY WESTERN COAL CO.

No. 12-17780.

773 F.3d 977 (2014)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. PEABODY WESTERN COAL COMPANY; Navajo Nation, Rule 19 defendant, Defendants-Appellees, v. Kevin K. Washburn, Esquire; Sally Jewell, in her official capacity as Secretary of the Interior, Third-Party-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 26, 2014.

Amended November 19, 2014.


Attorney(s) appearing for the Case

P. David Lopez , General Counsel, Lorraine C. Davis , Acting Assistant General Counsel, and Susan Ruth Oxford (argued), Attorney, Equal Employment Opportunity Commission, Washington, D.C. for Plaintiff-Appellant.

John F. Lomax, Jr. (argued) and Kathryn Hackett King , Snell & Wilmer LLP, Phoenix, AZ; Louis Denetsosie , Attorney General, and Paul Spruhan , Assistant Attorney General, Navajo Nation Department of Justice, Window Rock, AZ; Lisa M. Enfield (argued), Paul E. Frye , and William Gregory Kelly , Frye Law Firm PC, Albuquerque, NM, for Defendants-Appellees.

Robert Dreher , Acting Assistant Attorney General, Ethan G. Shenkman (argued), Deputy Assistant Attorney General, James C. Kilbourne , Section Chief, and Kristofor Swanson , United States Department of Justice, Washington, D.C. for Third-Party-Defendants-Appellees.

Before: SUSAN P. GRABER, WILLIAM A. FLETCHER, and RICHARD A. PAEZ, Circuit Judges.


ORDER AND AMENDED OPINION

ORDER

Plaintiff-Appellant's motion to amend the court's opinion is GRANTED. The Opinion, filed on September 26, 2014, and reported at 768 F.3d 962 (9th Cir.2014), is amended as follows:

At Slip Op. 22, 768 F.3d at 974, the sentence beginning with <The Indian preference exemption> and ending with <does not extend to Indians.> is deleted and replaced with:

The Indian...

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