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KRODEL v. YOUNG

Nos. 83-1426, 83-1427.

748 F.2d 701 (1984)

Richard KRODEL, Appellant, v. Andrew J. YOUNG, in his official capacity as Associate Commissioner, Office of Hearings and Appeals, Social Security Administration, et al. Richard KRODEL v. Andrew J. YOUNG, in his official capacity as Associate Commissioner, Office of Hearings and Appeals, Social Security Administration, et al. Department of Health and Human Services and Margaret M. Heckler, Secretary in her official capacity, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided November 20, 1984.

As Amended November 20, 1984.

Attorney(s) appearing for the Case

Erik L. Kitchen, Atty., Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty., and Robert S. Greenspan, Atty., Dept. of Justice, Washington, D.C., were on brief, for cross-appellants in No. 83-1427 and appellees in No. 83-1426. Wendy M. Keats, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for cross-appellants in No. 83-1427 and appellees in No. 83-1426.

Charles A. Kubinski, with whom John C. Armor was on the brief, for appellant in No. 83-1426.

Roy J. Bucholtz, Reston, Va., for cross-appellee in No. 83-1427.

Before WRIGHT and WALD, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This appeal concerns whether the Bureau of Hearings Appeals ("Bureau" or "BHA") of the Social Security Administration discriminated against the plaintiff, Richard Krodel, on the basis of age and whether Krodel can seek damages from his supervisors for infringing his first amendment rights. In 1976 and 1977, Krodel, then a 60 year old management analyst at the BHA, applied for five separate...

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