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CURRIER v. POSTMASTER GENERAL

No. 01-5248.

304 F.3d 87 (2002)

Kenneth CURRIER, Appellant, v. POSTMASTER GENERAL, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 4, 2002.

Attorney(s) appearing for the Case

Joel P. Bennett argued the cause and filed the briefs for appellant.

Marina Utgoff Braswell, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.

Before: GINSBURG, Chief Judge; SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This is an appeal from the order of the district court dismissing Kenneth Currier's claim alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. Although the district court framed the order as if it were granted under FED.R.CIV.P. 12(b)(6), the court considered and relied on material outside the...

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