LEAL v. McHUGH

No. 12-40069.

731 F.3d 405 (2013)

George LEAL; John M. Lozano, Plaintiffs-Appellants, v. John McHUGH, Secretary, Department of the Army, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 26, 2013.


Attorney(s) appearing for the Case

Thomas Joseph Crane , Attorney, San Antonio, TX, for Plaintiffs-Appellants.

Jimmy Anthony Rodriguez , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, Charles William Wendlandt, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, Corpus Christi, TX, for Defendant-Appellee.

Before STEWART, Chief Judge, and KING and OWEN, Circuit Judges.


CARL E. STEWART, Chief Judge:

Plaintiffs-Appellants, George Leal and John M. Lozano, appeal the district court judgment granting Defendant-Appellee John McHugh's1 motion to dismiss Appellants' age discrimination claims and Leal's retaliation claim, as well as the court's denial of their request for leave to amend their complaint. We AFFIRM IN PART and REVERSE AND REMAND IN PART.

I. FACTUAL AND PROCEDURAL HISTORY

Appellants...

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