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PRICE v. THOMPSON

No. 03-2184.

380 F.3d 209 (2004)

William PRICE, Plaintiff-Appellant, v. Tommy G. THOMPSON, Secretary, United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 18, 2004.

Attorney(s) appearing for the Case

ARGUED: Leizer Zalman Goldsmith, Washington, D.C., for Appellant. John Walter Sippel, Jr., Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Thomas M. DiBiagio, United States Attorney, Baltimore, Maryland, for Appellee.

Before WILKINS, Chief Judge, NIEMEYER, Circuit Judge, and BOWMAN, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Affirmed by published opinion. Senior Judge BOWMAN wrote the opinion, in which Chief Judge WILKINS and Judge NIEMEYER joined.

OPINION

BOWMAN, Senior Circuit Judge:

In this failure-to-hire retaliation case, we must consider whether the selecting official's inconsistent statements are enough to satisfy the plaintiff's burden of proof as to the elements of his prima facie case and as to pretext. The District Court determined that these inconsistencies...

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