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Miller v. Hersman, No. 08-5494

In a sex and age discrimination action, summary judgment for defendant is reversed where: 1) defendant failed to carry its burden to show that plaintiff did not timely contact an EEO counselor and thus did not exhaust his administrative remedies; and 2) plaintiff did not fail to respond to defendant's exhaustion argument.

Read Miller v. Hersman, No. 08-5494

Appellate Information

Argued November 17, 2009

Decided February 5, 2010


Opinion by Judge Henderson


For Appellant:

David A. Young and Carl S. Nadler, Arnold & Porter LLP, Washington, DC

For Appellee:

Brian P. Hudak and R. Craig Lawrence, Assistant United States Attorneys, Washington, DC