CARVER v. HOLDER

No. 09-35084.

606 F.3d 690 (2010)

John C. CARVER, Plaintiff-Appellant, v. Eric H. HOLDER Jr., United States Attorney General; United States Department of Justice, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2010.


Attorney(s) appearing for the Case

John C. Carver (argued); Judith A. Lonnquist, Law Offices of Judith A. Lonnquist, P.S., Seattle, WA, for the plaintiff-appellant.

Marion J. Mittet (argued), Helen J. Brunner, United States Attorney's Office, Seattle, WA; Jeffrey C. Sullivan, United States Attorney, for the defendants-appellees.

Before: ANDREW J. KLEINFELD, A. WALLACE TASHIMA, and RICHARD C. TALLMAN, Circuit Judges.


TALLMAN, Circuit Judge:

John C. Carver ("Carver") is a former Assistant United States Attorney ("AUSA") who took an early buy-out from federal service in 1994. He filed a complaint under the Age Discrimination in Employment Act, 29 U.S.C. § 633a, against the United States Department of Justice ("DOJ" or "Department") after he sought to be rehired for a vacant position in 1996 with the United States Attorney's Office in Tacoma, Washington. A younger individual...

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