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BAK v. POSTAL SERVICE, (U.S.)

No. 93-56249.

52 F.3d 241 (1995)

Ueon C. BAK, Plaintiff-Appellant, v. POSTAL SERVICE, (U.S.); Marvin Runyon, Postmaster General; Does 1 to 20, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 7, 1995.

Attorney(s) appearing for the Case

Gregory L. Bartone, Santa Ana, CA, for plaintiff-appellant.

Jon Pearson, Asst. U.S. Atty., Los Angeles, CA, for defendants-appellees.

Before: TROTT, FERNANDEZ, and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

OVERVIEW

Ueon Bak (Bak) appeals the district court's dismissal of his age discrimination claim for lack of subject matter jurisdiction due to his failure to exhaust his administrative remedies. Although the Government initially made the motion for dismissal, it now concedes Bak was not obligated to exhaust his administrative remedies. We hold that, pursuant to amended Equal Employment Opportunity Commission (EEOC) regulations...

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