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EDELMAN v. LYNCHBURG COLLEGE

No. 99-2408.

228 F.3d 503 (2000)

Leonard EDELMAN, Plaintiff-Appellant, v. LYNCHBURG COLLEGE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: October 2, 2000.

Attorney(s) appearing for the Case

ARGUED: Elaine Charlson Bredehoft, Charlson Bredehoft, P.C., Reston, Virginia, for Appellant. Mary Virginia Barney, Alexander Bell, P.L.C., Lynchburg, Virginia, for Appellee. ON BRIEF: Kristine H. Smith, Edmunds & Williams, P.C., Lynchburg, Virginia, for Appellant. Alexander W. Bell, Alexander Bell, P.L.C., Lynchburg, Virginia, for Appellee.

Before WILKINS and LUTTIG, Circuit Judges, and BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Affirmed by published opinion. Senior Judge BEEZER wrote the opinion, in which Judge WILKINS joined. Judge LUTTIG wrote a concurring opinion.

OPINION

BEEZER, Senior Circuit Judge:

Leonard Edelman appeals the district court's dismissal of his employment discrimination action for lack of subject matter jurisdiction. This case presents an issue of first impression in this circuit: whether 29 C.F.R. § 1601.12(b), a regulation promulgated by the...

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