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DALY v. U.S. DEPT. OF THE ARMY

No. 88-5415.

860 F.2d 592 (1988)

Mary C. DALY, Appellant v. UNITED STATES DEPARTMENT OF THE ARMY and United States Department of the Army, Environmental and Energy Control Branch, and Frank Carlucci, Secretary of Defense.

United States Court of Appeals, Third Circuit.

Decided November 8, 1988.

Attorney(s) appearing for the Case

Bruce E. Endy (argued), Carol Cingranelli, Spear, Wilderman, Sigmond, Borish, Endy and Silverstein, Philadelphia, Pa., for appellant.

James J. West, U.S. Atty., James A. Gibbons (argued), Asst. U.S. Atty., Scranton, Pa., for appellees.

Before SLOVITER and HUTCHINSON, Circuit Judges, and DEBEVOISE, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Plaintiff Mary C. Daly filed this action under section 717 of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (1982). The district court dismissed Daly's amended complaint, holding that Daly had failed to name the proper party. The court also denied Daly's motion to amend to name the Secretary of the Army, whom the court deemed the proper party, on the ground that such an amendment would...

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