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NAKSHIAN v. CLAYTOR

No. 79-1672.

628 F.2d 59 (1980)

Alice NAKSHIAN v. W. Graham CLAYTOR, in his Official Capacity as Secretary of the Navy, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 1980.

Rehearing Denied May 5, 1980.

Attorney(s) appearing for the Case

Michael Jay Singer, Atty., Dept. of Justice, Washington, D. C., with whom Carl S. Rauh, U. S. Atty., Washington, D. C., at the time the briefs were filed, and Robert E. Kopp, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellants.

Terry Coleman, Washington, D. C., for appellee. Patricia J. Barry, Washington, D. C., also entered an appearance for appellee.

Before WRIGHT, Chief Judge, BAZELON, Senior Circuit Judge, and TAMM, Circuit Judge.

Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

Dissenting opinion filed by Circuit Judge TAMM.

J. SKELLY WRIGHT, Chief Judge:

This interlocutory appeal, pursuant to 28 U.S.C. § 1292(b) (1976),1 is from a District Court order denying the Government's motion to strike the plaintiff's request for a jury trial in her action against the Secretary of the Navy for alleged violations of the Age Discrimination...

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