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E.E.O.C. v. FEDERAL EXP. CORP.

No. 06-16864.

543 F.3d 531 (2008)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. FEDERAL EXPRESS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2008.

Attorney(s) appearing for the Case

Frederick L. Douglas, Memphis, TN, for the defendant-appellant.

Susan R. Oxford and Anne Noel Occhialino, Equal Employment Opportunity Commission, Washington, DC, for the plaintiff-appellee.

Laura Ann Giantris, McGuiness Norris & Williams, Washington, DC, for amici curiae The Chamber of Commerce of the United States of America, and Equal Employment Advisory Council.

Before: A. WALLACE TASHIMA, M. MARGARET McKEOWN, and RONALD M. GOULD, Circuit Judges.

TASHIMA, Circuit Judge:

We consider three issues pertaining to Federal Express Corporation's ("FedEx") refusal to comply with an administrative subpoena issued by the Equal Employment Opportunity Commission ("EEOC" or "Commission"). First, we consider whether FedEx's compliance with an administrative subpoena in another case, which resulted in FedEx providing the EEOC with the same information that the EEOC seeks to compel in this case, moots this appeal. We hold...

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