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DAUGHERTY v. THOMPSON

No. 02-7015.

322 F.3d 1249 (2003)

Phillip G. DAUGHERTY, Plaintiff-Appellant, v. Tommy G. THOMPSON, Secretary of Department of Health & Human Services; and Department of Health And Human Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 18, 2003.

Attorney(s) appearing for the Case

Steven M. Angel, Angel & Associates, LLC, Oklahoma City, OK, for Plaintiff-Appellant.

Sheldon J. Sperling, United States Attorney, and Jeanette Windsor, Assistant United States Attorney, Muskogee, OK, for Defendants-Appellees.

Before KELLY, ANDERSON, and MURPHY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This case is a "mixed case" under the Civil Service Reform Act, 5 U.S.C. § 7702, involving an appeal to the Merit Systems Protection Board ("MSPB") from an adverse personnel action, coupled with an allegation that the adverse personnel action was based upon prohibited discrimination. Plaintiff/appellant, Phillip G. Daugherty, invoking Title VII, 42 U.S.C. § 2000e-2000e 17, and the Rehabilitation

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