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McDOUGAL-SADDLER v. HERMAN

No. 98-1068.

184 F.3d 207 (1999)

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

United States Court of Appeals, Third Circuit.

Filed July 2, 1999.

Attorney(s) appearing for the Case

Jeffrey P. Zeelander (Argued), Philadelphia, PA, Karen B. Kracov (Argued), Assistant United States Attorney, Richard B. Cappalli, Klein Hall, Philadelphia, PA, for Appellants.

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.

In an earlier opinion we affirmed the district court on the ground...

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