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TOLLIVER v. DENIRO

Nos. 85-1849, 85-1892.

790 F.2d 1394 (1986)

Andrew L. TOLLIVER, Plaintiff-Appellant, v. James DENIRO, Director of Veterans Administration Medical Center, Palo Alto, California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1986.

Attorney(s) appearing for the Case

Mary Dryovage, Law Offices of Mary Dryovage, San Francisco, Cal., for plaintiff-appellant.

Stephen L. Schirle, Asst. U.S. Atty., San Francisco, Cal., for defendant-appellee.

Before GOODWIN, HUG and REINHARDT, Circuit Judges.

GOODWIN, Circuit Judge:

Andrew Tolliver was discharged from his job as a nursing assistant at a Veteran's Administration ("VA") hospital. He appeals the district court's dismissal of his complaints on jurisdictional grounds. We vacate the order of dismissal and remand.

Tolliver challenged his discharge in a proceeding before the Merit Systems Protection Board ("MSPB"). He denied the job-related allegations that led to his discharge, and he asserted as a racial...

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