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FARRAR v. NELSON

No. 19-5343.

2 F.4th 986 (2021)

Andrew H. FARRAR, Appellant, v. Bill NELSON, in His Official Capacity as the Administrator of the National Aeronautics and Space Administration, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 2021.

Attorney(s) appearing for the Case

Kathryn A. Robinette , appointed by the court, argued the cause as amicus curiae in support of appellant. With her on the briefs was Matthew M. Collette , appointed by the court.

Andrew H. Farrar, pro se, argued the cause and filed the briefs for appellant.

Katherine B. Palmer-Ball , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief was R. Craig Lawrence , Assistant U.S. Attorney.

Before: Srinivasan, Chief Judge, Wilkins and Walker, Circuit Judges.

Andrew Farrar sued NASA for disability discrimination. The district court dismissed the action because he accepted administratively-awarded damages before filing suit. But NASA has pointed to no federal statute or regulation that requires Farrar to return, or offer to return, that money before suing in district court. We therefore...

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