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VILLESCAS v. ABRAHAM

No. 01-1389.

311 F.3d 1253 (2002)

Carlos VILLESCAS, Plaintiff-Appellee, v. Spencer ABRAHAM, Secretary of the Department of Energy, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 27, 2002.

Attorney(s) appearing for the Case

Ara B. Gershengorn, Attorney, Appellate Staff Civil Division, Department of Justice, Washington, D.C. (Robert D. McCallum, Jr., Assistant Attorney General; Marleigh D. Dover and August E. Flentje, Attorneys, Appellate Staff Civil Division, Department of Justice, Washington, D.C.; and John W. Suthers, United States Attorney, District of Colorado, Denver, CO, with her on the briefs), for Defendant-Appellant.

Darold W. Killmer (Mari Newman with him on the brief), Miller, Lane, Killmer & Greisen, LLP, Denver, CO, for Plaintiff-Appellee.

Before BRISCOE, ANDERSON, and O'BRIEN, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Appellant Spencer Abraham, Secretary of the Department of Energy, appeals from a district court judgment awarding Carlos Villescas, a federal employee, $50,000 in compensatory damages for emotional distress, and $152,530.85 in attorney's fees and costs on a retaliation claim under the Age Discrimination in Employment Act, 29 U.S.C. § 633a (ADEA).

The narrow dispositive question is whether 29 U.S.C. § 633a(c) waives...

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