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MONREAL v. POTTER

No. 02-1195.

367 F.3d 1224 (2004)

Longino MONREAL III, Postmaster, Sangelo, Texas; Felix R. Figueroa, U.S. Postal Inspector, San Antonio Domicile, Texas; Lorenzo Ortiz, Plant Manager, North Houston, Texas; David L. Medina, Plant Manager, Denver Bulk Mail Center; Richard M. Sanchez, Lead Plant Manager, Processing and Distribution, Omaha, Nebraska; David E. Naranjo, Postmaster, Espanola, New Mexico; and Ernest N. Candelaria Jr., Service Specialist, Denver Bulk Mail Center, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. John E. POTTER, in his official capacity as Postmaster General of the United States Postal Service, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 17, 2004.

Attorney(s) appearing for the Case

David C. Warren, Warren & Boonin LLP, Boulder, CO (Jonathan B. Boonin, Warren & Boonin LLP, Boulder, CO, and Hartley David Alley, Wheat Ridge, CO, with him on the briefs), for Plaintiffs-Appellants.

Eric David Miller, Attorney, Appellate Staff Civil Division, United States Department of Justice, Washington, DC (Robert D. McCallum, Jr., Assistant Attorney General, United States Department of Justice, Washington, DC, John W. Suthers, United States Attorney, Denver, CO, and Marleigh D. Dover, Attorney, Appellate Staff Civil Division, United States Department of Justice, Washington, DC with him on the brief), for Defendant-Appellee.

Before EBEL, PORFILIO, and O'BRIEN, Circuit Judges.

EBEL, Circuit Judge.

Seven management-level employees of the United States Postal Service ("Plaintiffs") appeal the district court's dismissal of their individual and class allegations of race and national origin discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-16. The district court dismissed their individual claims for failure to exhaust and their class claims for failure to satisfy the requirements...

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