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PPG INDUSTRIES, INC. v. U.S.

No. 94-5043.

52 F.3d 363 (1995)

PPG INDUSTRIES, INC., Appellee v. UNITED STATES of America, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 1995.

Attorney(s) appearing for the Case

Fred E. Haynes, Asst. U.S. Atty., Washington, DC, argued the cause for appellants. With him on the briefs were Eric H. Holder, Jr., U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., and James D. Henry, Associate Sol., U.S. Dept. of Labor.

Susan S. Sauntry, Washington, DC, argued the cause and filed the brief for appellee.

Before: SILBERMAN, BUCKLEY, and GINSBURG, Circuit Judges.

SILBERMAN, Circuit Judge:

The Department of Labor appeals from the district court's summary judgment order which declined to remand this case to the Department. We reverse.

I.

In May 1986 the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) filed an administrative complaint charging PPG Industries with violating § 503 of the Rehabilitation Act, 29 U.S.C. § 793 (1988), by failing to hire James Thompson, an epileptic...

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