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JAMES v. LEVINSON

Civ. A. No. 87-3027.

680 F.Supp. 187 (1988)

Clarence J. JAMES, Jr. v. Daniel LEVINSON, Maria Johnson and Dennis Devanney, In their official capacities as Members, U.S. Merit Systems Protection Board and Lawrence B. Gibbs, In his official capacity as Commissioner of Internal Revenue U.S. Department of the Treasury Internal Revenue Service, and Clarence Thomas, Fred Alvarez, R. Gaull Silberman and Tony Gallegos, In their official capacities as Members, U.S. Equal Employment Opportunity Commission.

United States District Court, E.D. Pennsylvania.

February 11, 1988.

Attorney(s) appearing for the Case

Frank Finch, III, Philadelphia, Pa., for plaintiff.

Lairold M. Street, Washington, D.C., Edward S.G. Dennis, Jr., U.S. Atty., Charisse R. Lillie, Asst. U.S. Atty., Philadelphia, Pa., for defendants.

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the court are the motions to dismiss pursuant to Fed.R.Civ.P. 12 of defendants Equal Employment Opportunity Commission ("EEOC"), Daniel Levinson ("Levinson"), Maria Johnson ("Johnson"), Dennis Devanney ("Devanney"), and Internal Revenue Service ("IRS") Commissioner Lawrence B. Gibbs. For the reasons stated herein, defendants' motions will be granted and plaintiff's action in mandamus will be...

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