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STEWART v. ASHCROFT

No. 02-5233.

352 F.3d 422 (2003)

Howard P. STEWART, Appellant, v. John D. ASHCROFT, Attorney General of the United States, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 2003.

Attorney(s) appearing for the Case

Richard L. Swick argued the cause for appellant. With him on the briefs was David H. Shapiro. Heidi R. Burakiewicz entered an appearance.

Anne M. Murphy, Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and Marleigh Dover, Special Counsel.

Before: GINSBURG, Chief Judge, and SENTELLE and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Opinion concurring in the judgment filed by Circuit Judge KAREN LeCRAFT HENDERSON.

SENTELLE, Circuit Judge:

Appellant Howard P. Stewart, a Senior Litigation Counsel in the Environmental Crimes Section ("ECS") of the Department of Justice ("DOJ"), brought this action against John Ashcroft, in his official capacity as Attorney General of the United States, alleging employment discrimination pursuant...

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