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

No. 06-17261.

610 F.3d 1070 (2010)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. PEABODY WESTERN COAL COMPANY; Navajo Nation, Rule 19 defendant, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2010.

Attorney(s) appearing for the Case

Susan R. Oxford, EEOC Appellate Section, Washington, D.C., Katherine Kruse, EEOC, Phoenix, AZ, for the appellant.

Mary E. Bruno, John F. Lomax, Jr., Lawrence J. Rosenfeld, Greenberg Traurig LLP, Phoenix, AZ, Louis Denetsosie, Navajo Nation Department of Justice, Window Rock, AZ, Lisa M. Enfield, Paul E. Frye, Frye Law Firm, Albuquerque, NM, for the appellees.

Before: PROCTER HUG, JR., ANDREW J. KLEINFELD, and W. FLETCHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

The Equal Employment Opportunity Commission ("EEOC") appeals various rulings of the district court in its suit against Peabody Western Coal Company ("Peabody"). Peabody leases mines from the Navajo Nation ("the Nation"), and maintains a preference for employing Navajo workers at these mines. EEOC alleges that in maintaining its employment preference Peabody discriminates against non-Navajo Indians, including two members of the Hopi...

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