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FOGG v. GONZALES

Nos. 05-5439, 05-5440.

492 F.3d 447 (2007)

Matthew F. FOGG, Appellee/Cross-Appellant v. Alberto GONZALES, Attorney General for the United States Department of Justice, Appellant/Cross-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 2007.

Attorney(s) appearing for the Case

Peter S. Smith, Assistant U.S. Attorney, argued the cause for appellant/cross-appellee. With him on the briefs 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.

Frank J. Costello, Jr. argued the cause and filed the briefs for appellee/cross-appellant.

Before: GINSBURG, Chief Judge, and HENDERSON and GARLAND, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

Concurring opinion filed by Circuit Judge HENDERSON.

GINSBURG, Chief Judge:

Matthew F. Fogg sued his employer, the United States Marshals Service (USMS), for discriminating against him on the basis of his race. A jury awarded him $4,000,000 in damages; the district court remitted the award to the statutory maximum of $300,000 and Fogg made a motion for equitable relief. The court granted the motion...

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