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POLAND v. CHERTOFF

Nos. 05-35508, 05-35779.

494 F.3d 1174 (2007)

James R. POLAND, Plaintiff-Appellee, v. Michael CHERTOFF, Secretary of the Department of Homeland Security, Defendant-Appellant. James R. Poland, Plaintiff-Appellee, v. Michael Chertoff, Secretary of the Department of Homeland Security, Defendant-Appellant, and Paul O'Neill, Secretary of Treasury, Defendant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated March 13, 2007.

Resubmitted April 20, 2007.

Filed July 20, 2007.

Attorney(s) appearing for the Case

Peter D. Keisler, Assistant Attorney General, Karin J. Immergut, United States Attorney, Marleigh D. Dover and Mark R. Freeman, Attorneys, Appellate Staff Civil Division, United States Department of Justice, Washington, D.C., for defendant-appellant Michael Chertoff.

Kevin Keaney, Kevin Keaney PC, Portland, OR, for plaintiff-appellee James R. Poland.

Before: RONALD M. GOULD, RICHARD A. PAEZ, and JOHNNIE B. RAWLINSON, Circuit Judges.

Opinion by Judge GOULD; Partial Concurrence and Partial Dissent by Judge PAEZ.

GOULD, Circuit Judge:

After a bench trial, the district court entered a judgment in favor of James R. Poland, a former employee of the United States Customs Service, on his employment discrimination claim against the Customs Service, represented by the Secretary of the Department of Homeland Security ("Secretary"). Specifically, the district...

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