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FORMAN v. SMALL

No. 00-5256.

271 F.3d 285 (2001)

Paul FORMAN, Appellant, v. Lawrence M. SMALL, Secretary, Smithsonian Institution, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 16, 2001.

Attorney(s) appearing for the Case

Stephen Z. Chertkof argued the cause for appellant. With him on the briefs was Douglas B. Huron.

Diane M. Sullivan, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Kenneth L. Wainstein, U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, and Christine Nicholson, Assistant General Counsel, Smithsonian Institution.

Before: HENDERSON, RANDOLPH and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Paul Forman appeals the grant of summary judgment to the Smithsonian Institution on his claims of age discrimination and retaliation under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 633a (1994 & Supp. V 1999). He contends that he established a prima facie case on each of his claims and rebutted the Smithsonian...

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