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GONZALES v. SECRETARY OF AIR FORCE

No. 86-1609.

824 F.2d 392 (1987)

Joe T. GONZALES, Plaintiff-Appellant, v. SECRETARY OF the AIR FORCE and the Department of the Air Force, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 18, 1987.

Attorney(s) appearing for the Case

John E. Tobin, Dorsey & Whitney, Edward J. Pluimer, Patricia C. Hayashi, New York City, George A. Gonzales, Abilene, Tex., Richard T. Seymour, Wm. L. Robinson, Lawyers' Committee for Civil Rights, Washington, D.C., for plaintiff-appellant.

Jay L. Cohen, Major, U.S. Air Force, Washington, D.C., Marvin Collins, U.S. Atty., Charles Ory and Stafford Hutchinson, Asst. U.S. Attys., Dallas, Tex., for defendants-appellees.

Before BROWN, REAVLEY and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this employment discrimination action, the appellant, Joe T. Gonzales, argues that the district court erred in dismissing his complaint for his failure to sue the proper party within the required thirty-day statutory filing period. Based on the Supreme Court's decision in Schiavone v. Fortune, 477 U.S. 21, 106 S.Ct. 2379, 91 L.Ed.2d 18 (1986), the district court held that Gonzales's amendment...

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