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MONTGOMERY v. CHAO

No. 07-5255.

546 F.3d 703 (2008)

Delarse MONTGOMERY, Jr., Appellant v. Elaine L. CHAO, Chairwoman, Pension Benefit Guaranty Corp. and Bradley B. Belt, Executive Director, Pension Benefit Guaranty Corp., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 14, 2008.

Attorney(s) appearing for the Case

David H. Shapiro argued the cause for appellant. With him on the briefs was Alana M. Hecht.

Jane M. Lyons, Assistant U.S. Attorney, argued the cause for appellees. With her on the briefs were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney. Karen L. Melnik, Assistant U.S. Attorney, entered an appearance.

Before: HENDERSON, RANDOLPH, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

DeLarse Montgomery challenges the district court's grant of summary judgment against him on his claims of employment discrimination and retaliation by the Pension Benefit Guaranty Corporation (PBGC). Because we find that no reasonable jury could conclude that the PBGC's decisions not to promote and not to appoint Montgomery resulted from discriminatory or retaliatory animus, we affirm...

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