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ESTER v. PRINCIPI

No. 00-1732.

250 F.3d 1068 (2001)

McArthur ESTER, Plaintiff-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 8, 2001.

Attorney(s) appearing for the Case

Armand L. Andry (argued), Oak Park, IL, for Plaintiff-Appellant.

Maria Simon (argued), Office of the United States Attorney, Chicago, IL, for Defendant-Appellee.

Before FLAUM, Chief Judge, EASTERBROOK and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

McArthur Ester claims that his former employer, the Department of Veterans Affairs ("the VA"), denied him a promotion in violation of Title VII of the Civil Rights Act of 1964. The district court granted the VA summary judgment on the ground that Ester had failed to exhaust his administrative remedies in a timely fashion, rejecting Ester's claim that the VA had waived any such requirement by not asserting it in administrative proceedings....

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