No. 10-35014.

666 F.3d 599 (2012)

Devon S. SHELLEY, Plaintiff-Appellant, v. Pete GEREN, Secretary of the Army, United States Army Corps of Engineers, Agency, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2012.

Attorney(s) appearing for the Case

David M. Rose , Minnick-Hayner, P.S., Walla Walla, WA, for the plaintiff-appellant.

James A. McDevitt , United States Attorney, Frank A. Wilson , Assistant United States Attorney, Spokane, Washington; William E. Edwards , United States Army Corps of Engineers, Kansas City, MO, for the defendant-appellee.

Opinion by Judge WILKEN; Partial Concurrence and Partial Dissent by Judge BYBEE.


WILKEN, District Judge:

Plaintiff-Appellant Devon Scott Shelley appeals the district court's grant of summary judgment in favor of Defendant-Appellee Pete Geren, Secretary of the Army and the United States Army Corps of Engineers (collectively, the Corps). Shelley sued the Corps for violating the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., by failing to interview him and rejecting his applications for two promotions...


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