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HORNSBY v. UNITED STATES POSTAL SERVICE

No. 85-3292.

787 F.2d 87 (1986)

Donald Oliver HORNSBY, Appellant, v. UNITED STATES POSTAL SERVICE.

United States Court of Appeals, Third Circuit.

Decided March 26, 1986.

Attorney(s) appearing for the Case

Paul J. McArdle, Pittsburgh, Pa., for appellant.

J. Alan Johnson, U.S. Atty., Paul J. Brysh, Asst. U.S. Atty., Philadelphia, Pa., Stephen E. Alpern, Associate Gen. Counsel, Joan C. Goodrich, Atty., Washington, D.C., for appellee.

Before SEITZ and GIBBONS, Circuit Judges and GERRY, District Judge.

Submitted Under Third Circuit Rule 12(6) January 16, 1986.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Donald Hornsby, a former employee of the United States Postal Service, appeals from an order granting a Rule 12(b)(1) motion to dismiss his complaint against the Postal Service for lack of subject matter jurisdiction. The complaint alleged that the Postal Service, in denying his application for reemployment, discriminated against Hornsby on account...

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