SLOAN v. WEST

No. 96-16830.

140 F.3d 1255 (1998)

Wayne SLOAN, Plaintiff-Appellant, v. Togo WEST, Jr., officially as Secretary of the Army; Office of Personnel Management, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 7, 1998.


Attorney(s) appearing for the Case

William Tagupa, Honolulu, Hawaii, for plaintiff-appellant.

Stephanie R. Marcus, United States Department of Justice, Civil Division, Washington, DC, for defendants-appellees.

Before: REINHARDT, LEAVY and THOMAS, Circuit Judges.


Opinion by Judge THOMAS; Partial Concurrence and Partial Dissent by Judge REINHARDT.

THOMAS, Circuit Judge:

In this appeal, we shall attempt to loosen the jurisdictional Gordian knot formed when Title VII and civil service administrative claims are interlaced. Under the facts presented, we conclude that this appeal must be transferred to the Court of Appeals for the Federal Circuit, but that the Title VII claims are equitably tolled.

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