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HENSEL v. OFFICE OF CHIEF ADMINISTRATIVE HEARING

No. 93-9551.

38 F.3d 505 (1994)

Priscilla C. HENSEL, Petitioner, v. OFFICE OF the CHIEF ADMINISTRATIVE HEARING OFFICER, Executive Office for Immigration Review, Respondent. State of Oklahoma ex rel. the Board of Regents of the University of Oklahoma, Intervenor, Oklahoma City Veterans Affairs Medical Center, Real Party in Interest.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 21, 1994.

Attorney(s) appearing for the Case

Robert V. Varnum (Linda G. Kaufmann, with him on the briefs), of White, Coffey, Galt & Fite, Oklahoma City, OK, for petitioner.

Matthew M. Collette, Atty., Appellate Staff, Civ. Div., U.S. Dept. of Justice, Washington, DC (Frank W. Hunger and Stuart M. Gerson, Asst. Attys. Gen., and Michael Jay Singer, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, DC, with him on the briefs; Stephen E. Alpern, Associate Gen. Counsel, and Suzanne H. Milton, Atty., Office of Labor Law, U.S. Postal Service, Washington, DC, of counsel), for respondent.

Susan Gail Seamans, Oklahoma City, OK (Fred Gipson, Kurt F. Ockershauser, and Lawrence E. Naifeh, Norman, OK, with her on the brief), for intervenor.

Before EBEL and SETH, Circuit Judges, and MECHEM, District Judge.

SETH, Circuit Judge.

Petitioner, Priscilla Hensel, brought a discrimination claim pursuant to 8 U.S.C. § 1324b of the Immigration Reform and Control Act ("IRCA") against Respondents University of Oklahoma Health Sciences Center ("OU") and Oklahoma City Veterans Affairs Medical Center ("VAMC") claiming that she was not hired as a staff anesthesiologist because she was a United States citizen.

Petitioner initially filed a claim against VAMC with the Office...

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