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CHEROSKY v. HENDERSON

No. 01-35254.

330 F.3d 1243 (2003)

Larry CHEROSKY; Thomas Jennings; Anthony Clemons; Vincent Faini, Plaintiffs-Appellants, v. William J. HENDERSON, Postmaster General in his official capacity, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 5, 2003.

Attorney(s) appearing for the Case

David A. Bahr, David Bahr & Associates, P.C., Eugene, OR, for appellants.

Michael W. Mosman, United States Attorney, James L. Sutherland, Assistant United States Attorney, Eugene, Oregon; Eric J. Scharf, Stephan J. Boardman, United States Postal Service, Washington, DC., for appellee.

Before KLEINFELD and McKEOWN, Circuit Judges, and SHAPIRO, District Judge.

OPINION

McKEOWN, Circuit Judge.

Last year, in National Railroad Passenger Corp. v. Morgan, 536 U.S. 101, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002), the Supreme Court substantially limited the continuing violations doctrine in the context of employment discrimination actions. The Court held that Title VII "precludes recovery for discrete acts of discrimination that occur outside the statutory time period" for filing claims...

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