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McNAIRN v. SULLIVAN

No. 89-1792.

929 F.2d 974 (1991)

Edith E. McNAIRN, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health & Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 1, 1991.

As Amended May 6, 1991.

Attorney(s) appearing for the Case

Maurice Baskin, Venable, Baetjer, Howard & Civiletti, Washington, D.C., for plaintiff-appellant.

Timothy M. White, Office of the General Counsel, U.S. Dept. of Health and Human Services, Washington, D.C., for defendant-appellee.

Before WIDENER and PHILLIPS, Circuit Judges, and SMITH, Senior United States Circuit Judge for the Federal Circuit, sitting by designation.

SMITH, Senior Circuit Judge:

Introduction

Edith McNairn was denied a promotion and subsequently terminated from her employment with the United States Department of Health and Human Services ("HHS"). She filed an action alleging that HHS violated Title VII of The Civil Rights Act of 1964.1 The complaint comprises counts of refusal to promote based on discriminatory treatment and disparate impact, discriminatory termination and...

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