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E.E.O.C. v. LEE'S LOG CABIN, INC.

No. 06-3278.

554 F.3d 1102 (2009)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. LEE'S LOG CABIN, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

February 2, 2009.

Attorney(s) appearing for the Case

Paula R. Bruner, Equal Employment Opportunity Commission, Washington, DC, for Plaintiff-Appellant.

Terry L. Moore, Herrick & Hart, Eau Claire, WI, for Defendant-Appellee.

Before FRANK H. EASTERBROOK, Chief Judge, RICHARD A. POSNER, Circuit Judge, JOEL M. FLAUM, Circuit Judge, MICHAEL S. KANNE, Circuit Judge, ILANA DIAMOND ROVNER, Circuit Judge, DIANE P. WOOD, Circuit Judge, TERENCE T. EVANS, Circuit Judge, ANN CLAIRE WILLIAMS, Circuit Judge, DIANE S. SYKES, Circuit Judge and JOHN DANIEL TINDER, Circuit Judge.

The slip opinion issued on October 6, 2008, is AMENDED to add the following language at the end of footnote 4 on page 12, 546 F.3d at 444:

We caution that nothing in this opinion should be read to suggest that the EEOC's complaint failed to state a claim; we hold only that the district court was within its discretion to refuse to permit a change in the claim under the procedural circumstances of this case.

Otherwise, on consideration of the petition for...

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