DUNCAN v. WASHINGTON METRO. AREA TRANSIT AUTHORITY

No. 99-7073.

240 F.3d 1110 (2001)

Jimmy L. DUNCAN, Appellee, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellant

United States Court of Appeals, District of Columbia Circuit.

Decided March 2, 2001.


Attorney(s) appearing for the Case

Bruce P. Heppen argued the cause for the appellant. Cheryl C. Burke, Robert J. Kniaz and Mark F. Sullivan were on brief.

Sally Dunaway and Melvin Radowitz were on brief for amici curiae American Association of Retired Persons and National Employment Lawyers Association. Paula A. Brantner entered an appearance.

Ann Elizabeth Reesman was on brief for amicus curiae Equal Employment Advisory Council.

Bruce M. Bender argued the cause for the appellee. Suzanne L. Lawrence entered an appearance.

Bill Lann Lee, then Assistant Attorney General, Jessica D. Silver and Thomas E. Chandler, Attorneys, United States Department of Justice, Philip B. Sklover, Associate General Counsel, and Barbara L. Sloan, Attorney, Equal Employment Opportunity Commission, were on brief for amici curiae United States of America and The Equal Employment Opportunity Commission.

Before: EDWARDS, Chief Judge; SILBERMAN, WILLIAMS, GINSBURG, SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL and GARLAND, Circuit Judges.


Argued En Banc September 27, 2000.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

Concurring opinion filed by Circuit Judge RANDOLPH, with whom Circuit Judges STEPHEN F. WILLIAMS and SENTELLE join.

Concurring opinion filed by Circuit Judge TATEL.

Dissenting opinion filed by Chief Judge HARRY T. EDWARDS.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Appellant Washington...

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