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MONTOYA v. CHAO

No. 01-1357.

296 F.3d 952 (2002)

Ernesto L. MONTOYA, Plaintiff-Appellant, v. Elaine L. CHAO, Secretary of the United States Department of Labor, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 11, 2002.

Attorney(s) appearing for the Case

Barry Douglas Roseman of Roseman & Kazmierski, LLC, Denver, CO (Paul A. Baca, Denver, CO, on the brief), for plaintiff-appellant.

Peter J. Krumholz, Assistant United States Attorney, Denver, CO (John W. Suthers, United States Attorney, Denver, CO, with him on the brief), for defendant-appellee.

Before LUCERO, HOLLOWAY, and MURPHY, Circuit Judges.

LUCERO, Circuit Judge.

Ernesto L. Montoya, formerly employed by the Mine Safety and Health Administration ("MSHA"), appeals the district court's dismissal of his national-origin and age discrimination claims against the MSHA for lack of jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1), due to his failure to file his suit in a timely manner. Montoya argues that the period of limitation prescribed by the Civil Service Reform Act ("CSRA") for bringing an action in federal...

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