COONS v. MINETA

No. 04-3065.

410 F.3d 1036 (2005)

Benton S. COONS, Plaintiff-Appellant, v. Norman Y. MINETA, Secretary, Department of Transportation; Marion C. Blakely, Administrator, Federal Aviation Administration, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 13, 2005.


Attorney(s) appearing for the Case

Sarah Ann Orton, argued, St. Paul, Minnesota, (Thomas E. McEllistrem on the brief), for appellant.

Patricia R. Cangemi, Assistant U.S. Attorney, argued, Minneapolis, Minnesota (Thomas B. Heffelfinger on the brief), for appellee.

Before MURPHY, HEANEY, and SMITH, Circuit Judges.


MURPHY, Circuit Judge.

Benton S. Coons, a former air traffic controller, brought this action alleging he was not rehired because of age and sex discrimination. Defendants Norman Mineta, Secretary of the Department of Transportation (DOT), and Marion Blakely, Administrator of the Federal Aviation Administration (FAA), moved to dismiss for failure to file a timely administrative complaint. The district court granted the motion, and Coons appeals. We conclude that the...

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