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WILSON v. PENA

No. 94-5273.

79 F.3d 154 (1996)

Herbert K. WILSON, Appellant, v. Federico F. PENA, Secretary, Department of Transportation, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 22, 1996.

Attorney(s) appearing for the Case

Tracy L. Hilmer, Washington, DC, argued the cause, for appellant, with whom Irving Kator was on the brief.

Michael J. Ryan, Assistant United States Attorney, Washington, DC, argued the cause for appellee, with whom Eric H. Holder, Jr., United States Attorney, and R. Craig Lawrence, Assistant United States Attorney, were on the brief. John D. Bates, Assistant United States Attorney, entered an appearance.

Before: EDWARDS, Chief Judge, WALD and ROGERS, Circuit Judges.

ROGERS, Circuit Judge:

Herbert K. Wilson appeals from the dismissal of his Title VII suit against the Coast Guard. The Equal Employment Opportunity Commission found that the Coast Guard had discriminated against Wilson when it failed to hire him as an equal employment manager and ordered the Coast Guard to instate him in a similar position. Wilson eventually sued in district court, contending that the Coast Guard used an inappropriate performance rating in calculating...

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