Rehearing and Suggestion for Rehearing En Banc Denied October 1, 1996.
DIANE P. WOOD, Circuit Judge.
Charles Whalen is an appeals officer at the Chicago office of the Internal Revenue Service. When he was passed over for a management position as associate chief of appeals, Whalen complained, believing that the reason for his lack of success was the IRS's affirmative action program. He exhausted his administrative remedies, sued in the district court, and lost...
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