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LIMONGELLI v. POSTMASTER GENERAL OF UNITED STATES

Nos. 82-5015, 82-5154.

707 F.2d 368 (1983)

Vincent J. LIMONGELLI, Plaintiff-Appellant/Cross-Appellee, v. POSTMASTER GENERAL OF the UNITED STATES, et al., Defendants-Appellees/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 25, 1983.

As Amended May 24, 1983.

Attorney(s) appearing for the Case

Larry M. Lipke, Santa Ana, Cal., for plaintiff-appellant/cross-appellee.

Peter R. Osinoff, Asst. U.S. Atty., Los Angeles, Cal., for defendants-appellees/cross-appellant.

Before NELSON and NORRIS, Circuit Judges, and SOLOMON, District Judge.

PER CURIAM:

Vincent J. Limongelli filed an action against the United States of America, the Postmaster General and the Postal Service (appellees) for various acts of discrimination and retaliation under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 633a (1976 & Supp. V 1981) and for nepotism under 5 U.S.C. § 3110 (1976 & Supp. V 1981), resulting in his failure to be promoted. Before trial, the court dismissed Limongelli's nepotism...

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