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MARTINEZ v. DEPARTMENT OF U.S. ARMY

No. 02-50765. Summary Calendar.

317 F.3d 511 (2003)

Albert C. MARTINEZ, Plaintiff-Appellant, v. DEPARTMENT OF the U.S. ARMY; Thomas E. White, Secretary of the U.S. Army, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 22, 2003.

Attorney(s) appearing for the Case

Kala S. Dumont, Gaul & Dumont, San Antonio, TX, for Plaintiff-Appellant.

Susan B. Biggs, San Antonio, TX, for Defendants-Appellees.

Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.

CLEMENT, Circuit Judge:

A federal employee filed two formal complaints for Title VII violations with the Department of the U.S. Army, the agency that employs him. The agency investigated the claims jointly. The agency issued a report of the investigation more than 180 days after employee's first complaint, but within 180 days of employee's second complaint. Employee timely requested a hearing at the Equal Employment Opportunity Commission (EEOC). Before the Administrative...

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