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DASHNAW v. PENA

Nos. 92-5256, 92-5274.

12 F.3d 1112 (1994)

Francis J. DASHNAW, Appellee Cross-Appellant, v. Federico PENA, Secretary of Transportation, Appellant Cross-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 1994.

Attorney(s) appearing for the Case

Charles F. Flynn, Asst. U.S. Atty., argued the cause, for appellant-cross-appellee. With him on the briefs were Eric H. Holder, Jr., U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys.

Joel P. Bennett argued the cause and filed the brief, for appellee-cross-appellant.

Before: EDWARDS and SILBERMAN, Circuit Judges, and RESTANI, Judge, United States Court of International Trade.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

This case involves a complaint of age discrimination that was filed in the District Court in 1977. A trial was conducted on the complaint in 1980; subsequently, in 1982, before a judgment had been issued on the complaint, the plaintiff-appellee, Francis J. Dashnaw, retired from his employment with the appellant, the Department of Transportation ("Department"). In 1986, Dashnaw belatedly claimed that his retirement...

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