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AMERICA v. MILLS

No. 10-5244.

643 F.3d 330 (2011)

Richard AMERICA, Appellant v. Karen G. MILLS, Administrator, Small Business Administration, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2011.

Attorney(s) appearing for the Case

Richard A. Salzman argued the cause for appellant. With him on the briefs was Douglas B. Huron . Elizabeth A. Grdina entered an appearance.

Alan Burch , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen, Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Dissenting opinion filed by Circuit Judge BROWN.

KAVANAUGH, Circuit Judge:

Richard America charged his former employer, the Small Business Administration, with discrimination. America and the SBA then settled. Under the settlement agreement, America received $92,500 from the SBA. The settlement agreement also required the SBA to provide neutral references when potential employers inquired about America. America claims that the SBA materially breached that requirement of...

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