33 Fair empl.prac.cas. 461, 32 Empl. Prac. Dec. P 33,913 Equal Employment Opportunity Commission v. Children's Hospital Medical Center of Northern California

719 F.2d 1426 33 Fair Empl.Prac.Cas. 461 , 32 Empl. Prac. Dec. P 33,913 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. CHILDREN'S HOSPITAL MEDICAL CENTER OF NORTHERN CALIFORNIA, Defendant-Appellee. No. 80-4572. United States Court of Appeals, Ninth Circuit. Argued and Submitted En Banc July 11, 1983. Decided Nov. 8, 1983. Vincent Blackwood, EEOC, Washington, D.C., for plaintiff-appellant. Kent Jonas, Corbett, Kane & Berk, San Francisco, Cal., for defendant-appellee. On Appeal from the United States District Court for the Northern District of California. Before BROWNING, Chief Judge, CHOY, GOODWIN, ANDERSON, TANG, SCHROEDER, FLETCHER, NELSON, CANBY, NORRIS and REINHARDT, Circuit Judges. J. BLAINE ANDERSON, Circuit Judge: 1 The Equal Employment Opportunity Commission ("EEOC" or "Commission") seeks enforcement of subpoenas issued to aid its investigation of Children's Hospital Medical Center ("CHMC" or "Hospital"). The district court refused enforcement, finding that its prior consent decree stripped the EEOC of its jurisdiction to investigate. We reverse. I. BACKGROUND 2 In 1974, a private class action was instituted against CHMC, alleging race discrimination…