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HUSSAIN v. NICHOLSON

No. 04-5417.

435 F.3d 359 (2006)

Mohammed HUSSAIN, Appellant v. R. James NICHOLSON, Secretary, Department of Veteran Affairs, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 2006.

Attorney(s) appearing for the Case

Dawn V. Martin argued the cause and filed the briefs for appellant.

Charlotte A. Abel, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Kenneth L. Wainstein, U.S. Attorney, Michael J. Ryan, Assistant U.S. Attorney, and Karen A. Nappo, Counsel, U.S. Department of Veterans Affairs. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: HENDERSON, ROGERS, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

Concurring opinion filed by Circuit Judge ROGERS.

TATEL, Circuit Judge.

After eighteen years as a doctor at a public hospital, appellant, an Indian Muslim, applied to replace his retiring supervisor. When the hospital denied appellant the position, he filed an administrative complaint alleging discrimination based on race, religion, and national origin. As he pursued his claim, his relationship with...

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