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

No. 12-17780.

768 F.3d 962 (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.

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.

OPINION

W. FLETCHER, Circuit Judge:

Peabody Western Coal Co. ("Peabody") mines coal at the Black Mesa Complex and Kayenta mines on the Hopi and Navajo reservations in northeastern Arizona under leases with the tribes. At issue in this appeal are two leases with the Navajo Nation ("the Nation") that permit Peabody to mine coal on Navajo reservation land. Each lease requires Peabody to give preference in employment to "Navajo Indians." Both leases received...

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