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MILLER v. MARSH

No. 84-7497.

766 F.2d 490 (1985)

Barbara C. MILLER, Plaintiff-Appellant, v. John O. MARSH, Secretary of the Army, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 23, 1985.

Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty., Caryl P. Privett, Asst. U.S. Atty., Birmingham, Ala., for defendant-appellee.

Before RONEY and CLARK, Circuit Judges, and PITTMAN, District Judge.

RONEY, Circuit Judge:

The district court granted summary judgment to defendant in this Title VII sex discrimination case both on the merits and because it was untimely filed. Since sex discrimination was conceded, the sole issue on the merits was whether the district court erred in denying her claim for back pay on the ground that she had voluntarily withdrawn from the labor market by entering law school. Although plaintiff's claim was timely filed, we hold on the...

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