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BANKSTON v. WHITE

No. 02-15547.

345 F.3d 768 (2003)

James R. Bankston, Plaintiff-Appellant, v. Thomas E. White, Secretary of the Army; UNITED STATES of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 1, 2003.

Attorney(s) appearing for the Case

Jeffrey A. Dickerson, Reno, Nevada, for the plaintiff-appellant.

Gregory Addington, Assistant United States Attorney, Reno, Nevada, for the defendants-appellees.

Before: Procter Hug, Jr., John R. Gibson, and Raymond C. Fisher, Circuit Judges.

Argued and Submitted May 16, 2003 — San Francisco, California.

OPINION

GIBSON, Senior Circuit Judge:

James Bankston appeals from the district court's dismissal of his Age Discrimination in Employment Act claim for lack of jurisdiction. The district court held that Bankston had failed to exhaust his administrative remedies because he voluntarily dismissed an appeal he had filed with the Merit Systems Protection Board. We reverse the district...

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