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CLEMENTE v. UNITED STATES

Nos. 83-6187, 83-6188 and 83-6430.

766 F.2d 1358 (1985)

Lowene R. CLEMENTE, Plaintiff/Appellee, v. UNITED STATES of America, United States Air Force, a military department of the United States of America, with Verne Orr, Secretary of the United States Air Force, Ronald J. Bishop, Jr., Harold L. Pray; Charles L. Brower Phillip G. Seneschal; Harry W. Johnston; and Jeffrey W. Cook, Defendants/Appellants. Lowene R. CLEMENTE, Plaintiff/Appellee, v. UNITED STATES of America, United States Air Force, a military department of the United States of America, with Verne Orr, Secretary of the United States Air Force, Ronald J. Bishop, Jr., Harold L. Pray; Charles L. Brower Phillip G. Seneschal; Harry W. Johnston; and Jeffrey W. Cook, Defendants/Appellants. Lowene R. CLEMENTE, Plaintiff/Appellee, v. UNITED STATES DEPARTMENT of the AIR FORCE and Verne Orr, Secretary of the United States Department of the Air Force, Defendants/Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 24, 1985.

Attorney(s) appearing for the Case

S. Timothy Buynak, Jr., Hatch & Parent, Santa Barbara, Cal., for plaintiff/appellee.

Kevin M. Grile, American Federation of Government Employees, AFL-CIO, Northfield, Ill., Amicus Curae, for American Federation of Government Employees.

Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Robert C. Bonner, U.S. Atty., Los Angeles, Cal., Barbara L. Herwig, Edward R. Cohen, Attys., Dept. of Justice, Washington, D.C., for defendants/appellants.

Before CHOY, CANBY and NORRIS, Circuit Judges.

CANBY, Circuit Judge:

Plaintiff, a white civilian Air Force employee, brought an employment discrimination action after an Air Force "reduction in force" (RIF) resulted in her reassignment. She also asserted due process violations arising out of the alleged failure of Air Force officials fully to process her discrimination claims.

Defendants challenge the district court's rulings that plaintiff: (1) had demonstrated retaliatory discrimination entitling her...

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