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GILBERT v. NAPOLITANO

No. 11-5053.

670 F.3d 258 (2012)

Arthur GILBERT, Appellant v. Janet Ann NAPOLITANO, Secretary, Department of Homeland Security, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 2, 2012.

Attorney(s) appearing for the Case

Leizer Z. Goldsmith argued the cause and filed the briefs for appellant.

Michelle Lo , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Appellant alleges that his employer, the United States Customs and Border Protection Agency, repeatedly rejected him for promotions in violation of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967. The district court granted summary judgment for the agency. For the reasons set forth in this opinion, we reverse in part and affirm in part.

I.

Arthur Gilbert has had a long and tumultuous...

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