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FOSS v. THOMPSON

No. 99-35956.

242 F.3d 1131 (2001)

John H. FOSS, Plaintiff-Appellant, v. Tommy G. THOMPSON, Secretary, Health & Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 16, 2001.

Attorney(s) appearing for the Case

William R. Goode, Portland, Oregon, for the plaintiff-appellant.

Herbert C. Sundby, Assistant United States Attorney, Portland, Oregon, for the defendant-appellee.

Before: Alex KOZINSKI and Andrew J. KLEINFELD, Circuit Judges, and William W SCHWARZER, Senior District Judge.

Argued and Submitted September 14, 2000 — Portland, Oregon

Opinion by Judge SCHWARZER; Dissent by Judge KLEINFELD

SCHWARZER, Senior District Judge:

John Foss, a Civil Service employee with the Indian Health Service (IHS), lost his job during a reduction in force (RIF). He complained of discrimination on the basis of race, sex, and age when his position was abolished and he failed to obtain another...

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