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AMBUSH v. MONTGOMERY CTY. GOVERNMENT, ETC.

Nos. 79-1177, 79-1191.

620 F.2d 1048 (1980)

Barbara AMBUSH, Appellant, v. MONTGOMERY COUNTY GOVERNMENT DEPARTMENT OF FINANCE DIVISION OF REVENUE, and Douglas L. Jernigan, Individually and in his capacity as Chief, Division of Revenue and Frank L. McGovern, Jr., Individually and in his capacity as Financial Supervisor Special Programs Section of the Division of Revenue and A. W. Gault, Individually and in his capacity as Director of Finance and James Gleason, Individually and in his capacity as County Executive and Montgomery County Personnel Board and Gavin Lawson, Individually and in his capacity as Chairman Montgomery County Personnel Board, Appellees. Barbara AMBUSH, Appellee, v. MONTGOMERY COUNTY GOVERNMENT DEPARTMENT OF FINANCE DIVISION OF REVENUE and Douglas L. Jernigan, Individually and in his capacity as Chief, Division of Revenue and Frank L. McGovern, Jr., Individually and in his capacity as Financial Supervisor Special Programs Section of the Division of Revenue and A. W. Gault, Individually and in his capacity as Director of Finance and James Gleason, Individually and in his capacity as County Executive and Montgomery County Personnel Board and Gavin Lawson, Individually and in his capacity as Chairman Montgomery County Personnel Board, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 1, 1980.

Attorney(s) appearing for the Case

Leonard L. McCants, Silver Spring, Md. (Tilman L. Gerald, Silver Spring, Md., on brief), for appellant in No. 79-1177 and for appellee in No. 79-1191.

Sue Levin, Asst. County Atty., Suzanne (Paul A. McGuckian, County Atty., Richard E. Frederick, Deputy County Atty., Rockville, Md., on brief), for appellees in No. 79-1177 and for appellants in No. 79-1191.

Before WINTER, RUSSELL and HALL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The plaintiff has sued the Montgomery County Government (Maryland), along with certain of the County officials, charging that the County, during a reorganization of its Division of Revenue in the Department of Finance, discriminated against her "by making a pre-selection of a caucasian Office Assistant I for promotion to Office Assistant IV position which the plaintiff was more qualified to hold." The district court, in an oral opinion...

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