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KOGER v. RENO

No. 94-5207.

98 F.3d 631 (1996)

Raymond KOGER, et al., Appellants, v. Janet RENO, United States Attorney General, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 25, 1996.

Attorney(s) appearing for the Case

Alan G. Warner argued the cause and filed the briefs for appellants.

Keith V. Morgan, Assistant United States Attorney, argued the cause for appellee. Eric H. Holder, Jr., United States Attorney, and R. Craig Lawrence, Assistant United States Attorney, were on the brief with him. John D. Bates, Washington, DC, entered an appearance.

Before: WALD, WILLIAMS and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

A class of older Deputy U.S. Marshals alleges age discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 623, 633a et seq. The class consists of deputies who, while they were GS-11 Criminal Investigators, were eligible and applied for positions as GS-12 Senior Criminal Investigators; who were at least 40 years...

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