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SMITH v. HORNER

No. 87-5231.

846 F.2d 1521 (1988)

Clinton SMITH, Appellant v. Constance HORNER, Director, Office of Personnel Management.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 1988.

As Amended June 21, 1988.

Attorney(s) appearing for the Case

Patricia A. McCoy, with whom Joseph M. Sellers and Marc Gary, Washington, D.C., were on the brief, for appellant.

William J. Dempster, Asst. U.S. Atty., with whom Joseph E. diGenova,* John D. Bates and Craig R. Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee. Michael J. Ryan and Deborah A. Robinson, Asst. U.S. Attys., Washington, D.C., also entered appearances for appellee.

Before MIKVA, RUTH BADER GINSBURG, and SILBERMAN, Circuit Judges.

Opinion PER CURIAM.

Concurring Opinion filed by Circuit Judge SILBERMAN.

PER CURIAM:

For the past nine years, appellant Clinton Smith, a black career civil servant, has sought disability benefits from his employer, the Office of Personnel Management ("OPM"). The Federal Circuit affirmed OPM's denial of disability benefits pursuant to direct, if limited, review in January 1986. Smith now appeals the district court's dismissal of a separate Title VII...

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