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RYS v. U.S. POSTAL SERVICE

No. 89-1234.

886 F.2d 443 (1989)

John E. RYS, Jr., Plaintiff, Appellant, v. U.S. POSTAL SERVICE, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 26, 1989.

Attorney(s) appearing for the Case

Fred A. McCoy, for plaintiff, appellant.

Dina Michael Chaitowitz, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Stephen E. Alpern, Associate General Counsel, U.S. Postal Service, and David G. Karro, Office of Labor Law, U.S. Postal Service were on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, GARRITY, Senior District Judge.

BOWNES, Circuit Judge.

John E. Rys, Jr., appeals from the district court's dismissal of his Title VII discrimination action against the United States Postal Service. See 42 U.S.C. § 2000e-16. The district court found that Rys had failed to sue the proper party within the 30-day time limit prescribed by 42 U.S.C. § 2000e-16(c). Rys acknowledges this failure but argues that the district court should have tolled the statute of limitations due to equitable...

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