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JULIAN v. CITY OF HOUSTON, TEX.

No. 01-20541.

314 F.3d 721 (2002)

Charles H. JULIAN, Plaintiff-Appellee-Cross-Appellant, v. The CITY OF HOUSTON, TEXAS, et al., Defendants, The City of Houston, Texas, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

December 11, 2002.

Attorney(s) appearing for the Case

Peter Costea, Law Office of Peter Costea, Houston, TX, for Julian.

Timothy James Higley, Houston, TX, for City of Houston.

Before DeMOSS, STEWART and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

A jury found that the City of Houston failed to promote firefighter Charles Julian on the basis of his age in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-34. Both parties appeal. The City contends that the district court lacked subject matter jurisdiction because Julian did not obtain a right-to-sue letter from the Equal Employment Opportunity Commission ("EEOC") prior to filing his ADEA claim....

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