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KERSEY v. WASHINGTON METRO. AREA TRANSIT AUTHORITY

No. 08-7040.

586 F.3d 13 (2009)

Glenn KERSEY, Appellant v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 10, 2009.

Attorney(s) appearing for the Case

Eric L. Siegel argued the cause for appellant. With him on the briefs was Neil L. Henrichsen.

Bruce P. Heppen, Deputy General Counsel, Washington Metropolitan Area Transit Authority, argued the cause for appellee. With him on the brief were Carol B. O'Keeffe, General Counsel, Mark F. Sullivan, Deputy General Counsel, Gerard J. Stief, Senior Associate General Counsel, and David J. Shaffer, Associate General Counsel. Sonia A. Bacchus and Robert J. Kniaz, Counsel, entered appearances.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Glenn Kersey, an employee of the Washington Metropolitan Area Transit Authority (WMATA), alleges that WMATA's refusal to promote him was the consequence of discrimination and retaliation, in violation of the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq. WMATA contends that its refusal was the consequence of a binding settlement agreement that had been in place between the parties since...

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