E.E.O.C. v. XERXES CORP.

Attorney(s) appearing for the Case

ARGUED: Elizabeth Ellen Theran , Equal Employment Opportunity Commission, Washington, D.C., for Appellant. Robert C. Castle , Oppenheimer Wolff & Donnelly LLP, Minneapolis, Minnesota, for Appellee. ON BRIEF: P. David Lopez , General Counsel, Carolyn L. Wheeler , Acting Associate General Counsel, Lorraine C. Davis , Assistant General Counsel, Equal Employment Opportunity Commission, Washington, D.C., for Appellant. Aaron Mills Scott , Oppenheimer Wolff & Donnelly LLP, Minneapolis, Minnesota, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge WILKINSON and Judge MOTZ joined. Judge WILKINSON and Judge MOTZ each wrote a separate concurring opinion.