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JACKSON v. GONZALES

No. 06-5053.

496 F.3d 703 (2007)

Kevin L. JACKSON, Appellant v. Alberto GONZALES, Attorney General, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 10, 2007.

Attorney(s) appearing for the Case

Debra A. D'Agostino argued the cause for appellant. On the briefs was Sandra Mazliah.

Beverly M. Russell, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney. Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.

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

Opinion for the Court filed by Circuit Judge KAVANAUGH, in which Circuit Judge HENDERSON joins.

Dissenting opinion filed by Circuit Judge ROGERS.

KAVANAUGH, Circuit Judge:

Kevin Jackson worked as a GS-13 employee in the Bureau of Prisons. Jackson and six other individuals applied for an open GS-14 research analyst position. The Bureau selected Jennifer Batchelder, a Caucasian woman. Jackson, who is African-American, sued and alleged racial discrimination...

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