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SPENCE v. STRAW

Nos. 94-1866 and 94-1916.

54 F.3d 196 (1995)

Kevin SPENCE, Appellant, v. Edward STRAW, Admiral, Director of the Defense Logistics Agency of the U.S. Department of Defense, Appellee.

United States Court of Appeals, Third Circuit.

May 10, 1995.

Attorney(s) appearing for the Case

Alan B. Epstein, Jablon, Epstein, Wolf & Drucker, Philadelphia, PA, for appellant.

Richard Mentzinger, Jr., Karen E. Rompala, Office of the U.S. Atty., Philadelphia, PA, for appellee.

BEFORE: MANSMANN, COWEN and LEWIS, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) March 27, 1995.

OPINION OF THE COURT

LEWIS, Circuit Judge.

In this case we are required to evaluate whether a party suing under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, is required to exhaust administrative remedies provided in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-16, and whether suit under the Rehabilitation Act — with prior exhaustion of remedies...

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