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HARBISON v. GOLDSCHMIDT

No. 80-1346.

693 F.2d 115 (1982)

Earl B. HARBISON, Plaintiff-Appellee, v. Neil GOLDSCHMIDT, Secretary, United States Department of Transportation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 17, 1982.

Attorney(s) appearing for the Case

John C. Hoyle, Atty., Civ. Div., Dept. of Justice, Washington, D.C. (Alice Daniel, Asst. Atty. Gen., Robert E. Kopp, Atty., Civ. Div., Dept. of Justice, Washington, D.C., Joseph F. Dolan, U.S. Atty., Denver, Colo., with him on the brief), for defendant-appellant.

Eugene Deikman of Eugene Deikman, P.C., Denver, Colo., for plaintiff-appellee.

Before SETH, Chief Judge, and McWILLIAMS and SEYMOUR, Circuit Judges.

SETH, Chief Judge.

The appellee commenced this action under Title VII of the Civil Rights Act as it has been extended to include employees of the federal government. Plaintiff, a black, had been employed since 1959 by the Federal Aviation Administration, and alleges that he was discriminated against by a denial of promotion to an assistant chief position (GS-12) on September 24, 1976. A vacancy at the Denver Flight Service Station was announced for a position and...

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