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  5. 949 F.2d 453 (1991)
 

HUBBARD v. E.P.A.

Nos. 90-5250, 90-5233.

949 F.2d 453 (1991)

Michael E. HUBBARD, Appellee, v. ENVIRONMENTAL PROTECTION AGENCY, Appellant. Michael E. HUBBARD, Appellant, v. ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 3, 1991.

On Petition for Rehearing and Suggestion for Rehearing March 2, 1992.

Attorney(s) appearing for the Case

John D. Bates, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., R. Craig Lawrence and Mark E. Nagle, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellant in 90-5250 and appellee in 90-5233.

Peter B. Broida, Arlington, Va., for appellee in 90-5250 and appellant in 90-5233.

Before EDWARDS and WALD, Circuit Judges, and FAIRCHILD, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.

On Petition for Rehearing and Suggestion for Rehearing En Banc March 2, 1992.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Opinion concurring in part and dissenting in part filed by Circuit Judge WALD.

HARRY T. EDWARDS, Circuit Judge:

In 1982, Michael Hubbard applied for but was denied a job with the Environmental Protection Agency ("EPA"). The District Court found that EPA acted unlawfully in failing to hire Hubbard because...

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