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LAWRENCE v. DEPARTMENT OF INTERIOR

No. 06-35448.

525 F.3d 916 (2008)

Phillip G. LAWRENCE, and all other persons similarly situated, Plaintiff-Appellant, v. DEPARTMENT OF INTERIOR, agency; Dirk Kempthorne, Secretary of the Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 13, 2008.

Attorney(s) appearing for the Case

Richard B. Price, Omak, WA, for the appellant.

Andrew S. Biviano, Assistant United States Attorney, Spokane, WA, for the appellees.

Before: WILLIAM C. CANBY, JR., SUSAN P. GRABER, and RONALD M. GOULD, Circuit Judges.

CANBY, Circuit Judge:

Phillip Lawrence, a member of the Standing Rock Sioux Indian Tribe, has been employed for many years by the Bureau of Indian Affairs ("BIA"). He brought this action to challenge the denial of increased retirement benefits payable to employees whose duties included firefighting. He alleges that the BIA failed to notify him of an application deadline for retroactive reclassifications of service to reflect firefighting service. As a result of this...

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