OAXACA v. ROSCOE

No. 80-1196.

641 F.2d 386 (1981)

Juan Roberto OAXACA, Plaintiff-Appellant, v. Egger L. ROSCOE, Commissioner of Internal Revenue Service, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

April 3, 1981.


Attorney(s) appearing for the Case

Thomas L. Kolker, Austin, Tex., for plaintiff-appellant.

Sidney Powell, Asst. U. S. Atty., San Antonio, Tex., for defendant-appellee.

Before RUBIN and GARZA, Circuit Judges, and SUTTLE, District Judge.


ALVIN B. RUBIN, Circuit Judge:

The suit of a former Internal Revenue Service employee who contends that the government discriminated against him based on his Mexican national origin was dismissed for lack of subject matter jurisdiction on the ground that the employee failed to bring his complaint to the attention of the Equal Employment Opportunity [EEO] counselor within thirty calendar days as required by the federal nondiscrimination regulations. Concluding that...

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