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McDOUGAL-SADDLER v. HERMAN

No. 98-1068.

161 F.3d 198 (1998)

Cleopatra McDOUGAL-SADDLER Appellant, v. Alexis M. HERMAN, Secretary, U.S. Department of Labor, Appellee

United States Court of Appeals, Third Circuit.

Decided November 17, 1998.

Attorney(s) appearing for the Case

Jeffrey P. Zeelander [Argued], Philadelphia, PA; Richard B. Cappalli, Klein Hall, Philadelphia, PA, for Appellants.

Karen B. Kracov [Argued], Assistant United States Attorney, Michael R. Stiles, United States Attorney, James G. Sheehan, Assistant United States Attorney Chief, Civil Division, Nadine M. Overton, Assistant United States Attorney, Philadelphia, PA, for Appellees.

Before: McKEE, RENDELL, Circuit Judges, and DEBEVOISE, Senior District Judge.

OPINION OF THE COURT

DEBEVOISE, Senior District Judge:

Appellant, McDougal-Saddler, appeals the district court's order granting the motion of Cynthia Metzler, Acting Secretary, United States Department of Labor ("DOL")1 to dismiss the complaint for lack of subject matter jurisdiction. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 and will affirm, although for reasons different from those upon which the...

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