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MASSINGILL v. NICHOLSON

No. 06-50663.

496 F.3d 382 (2007)

Geneva MASSINGILL, Plaintiff-Appellant, v. Jim NICHOLSON, Secretary, Department of Veterans Affairs, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 9, 2007.

Attorney(s) appearing for the Case

James Ashley Endicott, Jr., Harker Heights, TX, for Plaintiff-Appellant.

Robert Keith Shaw-Meadow, San Antonio, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, DAVIS and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The EEOC found that the Department of Veterans Affairs had discriminated against Geneva Massingill, awarding her damages, fees, and injunctive relief. Massingill later sued in federal district court. Reading her complaint as seeking a partial trial de novo on remedy, but not liability, and holding that her acceptance of partial payments constituted a request for such a partial trial or otherwise prevented suit, the district...

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