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REA v. MIDDENDORF

No. 78-3075.

587 F.2d 4 (1978)

Wallace D. REA, Plaintiff-Appellant, v. J. William MIDDENDORF, II, Secretary of the Navy, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 3, 1978.

Attorney(s) appearing for the Case

Charles D. Kaplan, Louisville, Ky., for plaintiff-appellant.

Albert Jones, U. S. Atty., David L. Huber, James H. Barr and Barry L. Master, Assist. U. S. Attys., Louisville, Ky., for Middendorf.

Herbert L. Segal, Segal, Isenberg, Sales, Stewart & Nutt, Louisville, Ky., for International Ass'n, etc.

Before PHILLIPS, Chief Judge, KEITH, Circuit Judge, and CECIL, Senior Circuit Judge.

PER CURIAM.

Wallace D. Rea appeals from an order of the district court dismissing with prejudice his claims of religious discrimination filed pursuant to 42 U.S.C. § 2000e 16. The appeal was submitted on briefs by stipulation of the parties. The district court dismissed the complaint upon the ground that it was not filed within the limitations period provided by 42 U.S.C. § 2000e-16(c) which states:

Within 30 days of receipt of notice of final action...

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