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MONCE v. CITY OF SAN DIEGO

No. 88-6389.

895 F.2d 560 (1990)

Raymond E. MONCE, Plaintiff-Appellant, v. CITY OF SAN DIEGO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 1, 1990.

Attorney(s) appearing for the Case

Gordon E. vonKalinowski, San Diego, Cal., on the brief, for plaintiff-appellant.

Michael G. Nardi, Seltzer Caplan Wilkins & McMahon, San Diego, Cal., for defendant-appellee.

John F. Suhre, Washington, D.C., for amicus curiae E.E.O.C.

Raymond Monce, Spring Valley, Cal., pro se.

Before SCHROEDER, FARRIS and NOONAN, Circuit Judges.

FARRIS, Circuit Judge:

This is an appeal from an order dismissing the plaintiff's complaint alleging age discrimination. Raymond Monce, a former deputy San Diego city attorney, alleges that he was constructively discharged from his position because of his age, in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. The district court found that Monce was not an employee covered by the ADEA because he was a member of the personal staff...

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