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BROTHERS v. CUSTIS

No. 87-2890.

886 F.2d 1282 (1989)

Mary E. BROTHERS, M.D., Plaintiff/Appellee, v. Donald L. CUSTIS, in his official capacity as Administrator of the Veterans Administration, Washington, D.C.; D. Earl Brown, Jr., M.D., in his official capacity as Deputy Assistant Chief Medical Director for Professional Services of the Veterans Administration, Washington, D.C., Defendants, K. Paul Poulose, M.D., individually, and in his official capacity as Chief of Staff, Veterans Administration Medical Center, Leavenworth, Kansas; Margaret C. Michelson, individually and in her official capacity as Medical Center Director, Veterans Administration Medical Center, Leavenworth, Kansas, Defendants/Appellants.

United States Court of Appeals, Tenth Circuit.

October 4, 1989.

Attorney(s) appearing for the Case

Jeffrica Jenkins Lee, Attorney, Appellate Staff, Civ. Div. (John R. Bolton, Asst. Atty. Gen., Benjamin L. Burgess, Jr., U.S. Atty., and Barbara L. Herwig, Attorney, Appellate Staff, Civ. Div., with her on the briefs), Dept. of Justice, Washington, D.C., for defendants/appellants.

David L. Ryan, Topeka, Kan. (Richard P. Senecal, Duncan, Senecal and Bednar, Chartered, Atchison, Kan., with him on the brief), for plaintiff/appellee.

Before SEYMOUR, ANDERSON, and BRORBY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

During the period from May 19, 1980 to June 10, 1981, Mary E. Brothers, M.D., was employed as a temporary part-time surgical staff surgeon at the Veterans Administration Medical Center, Leavenworth, Kansas. She was denied a permanent staff position in 1981, allegedly in retaliation for her whistle-blowing activities in connection with certain practices and conditions at the medical center, and the medical center's handling of a...

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