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PAULING v. SECRETARY OF DEPARTMENT OF INTERIOR

Docket No. 97-6329.

160 F.3d 133 (1998)

William PAULING, Plaintiff-Appellant, Michelle Gillyard and Anthony Washington, Plaintiffs, v. SECRETARY OF THE DEPARTMENT OF THE INTERIOR, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 13, 1998.

Attorney(s) appearing for the Case

Lee F. Bantle, Beldock Levine & Hoffman LLP, New York, NY, for Appellant.

Jennifer K. Brown, Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney, Steven M. Haber, Assistant United States Attorney, of counsel), for Appellee.

Before: CABRANES and POOLER, Circuit Judges, and TRAGER, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

We here consider the circumstances under which a former federal employee may maintain a discrimination suit against the agency that employed him, despite failing to consult an Equal Employment Opportunity ("EEO") counselor within 45 days after the alleged act of discrimination, as required by regulation. See 29 C.F.R. § 1614.105(a)(1). William Pauling, a former employee of the Department of the Interior (the "Department...

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