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BOEHMS v. CROWELL

No. 97-60030.

139 F.3d 452 (1998)

Joe F. BOEHMS, Plaintiff-Appellant-Cross-Appellee, v. Craven CROWELL, in his official capacity as a member of the Board of Directors of the Tennessee Valley Authority; Bill Kennoy, in his official capacity as a member of the Board of Directors of the Tennessee Valley Authority; Johnny Hayes, in his official capacity as a member of the Board of Directors of the Tennessee Valley Authority, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

April 15, 1998.

Attorney(s) appearing for the Case

Luther Calvin Fisher, IV, Oxford, MS, for Boehms.

Edward S. Christenbury, Gen. Counsel, Thomas F. Fine, Asst. Gen. Counsel, John E. Slater, Tennessee Valley Authority, Knoxville, TN, for Crowell, Kennoy and Hayes.

Before HIGGINBOTHAM and STEWART, Circuit Judges, and WALTER, District Judge.

STEWART, Circuit Judge:

This case, which calls for us to decide among other things the recoverability of attorney's fees in an Age Discrimination in Employment Act ("ADEA") suit against the government, arises from Joe Boehms' 1992 nonselection as manager of the Tennessee Valley Authority's Customer Service Center in Tupelo, Mississippi.1 The court below found that Boehms' nonselection was age-based discriminatory, but refused to extend...

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