Eeoc v. Peabody Coal Co.

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, No. 02-17305 Plaintiff-Appellant, D.C. No. v. CV-01-01050-MHM PEABODY WESTERN COAL COMPANY, OPINION Defendant-Appellee. Appeal from the United States District Court for the District of Arizona Mary H. Murguia, District Judge, Presiding Argued and Submitted February 12, 2004--San Francisco, California Submission Deferred February 13, 2004 Resubmitted March 3, 2005 Filed March 10, 2005 Before: Procter Hug, Jr., Arthur L. Alarcón, and William A. Fletcher, Circuit Judges. Opinion by Judge…