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WILLIAMS-SCAIFE v. DEPT. OF DEFENSE DEP. SCHOOLS

No. 88-5576.

925 F.2d 346 (1991)

Georgia WILLIAMS-SCAIFE, On behalf of Herself and All Others Similarly Situated, Plaintiff-Appellant, v. DEPARTMENT OF DEFENSE DEPENDENT SCHOOLS; Office of Dependent Schools; Dept. of Defense; Lawrence Korg; Robert Ferguson; Chapman B. Cox, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated April 30, 1990.

Resubmitted December 3, 1990.

Decided February 6, 1991.

Attorney(s) appearing for the Case

Gleam O. Davis, Mitchell, Silberberg & Knupp, Los Angeles, Cal., for plaintiff-appellant.

Frederick M. Brosio, Jr., Asst. U.S. Atty., Ian Fan, Asst. U.S. Atty., Los Angeles, Cal., for defendants-appellees.

Before BROWNING, BOOCHEVER and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

Georgia Williams-Scaife appeals the district court's summary dismissal of her employment discrimination claim against the Department of Defense (DOD) for failure to name as a defendant, or serve notice on, the Secretary of Defense within the limitation period. In light of the United States Supreme Court decision in Irwin v. Veteran's Administration, ___ U.S. ___, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990), we reverse and remand. Under ...

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