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PAULING v. SECRETARY OF DEPT. OF INTERIOR

No. 95 CIV. 8408(DLC).

71 F.Supp.2d 231 (1999)

William PAULING, Plaintiff, v. SECRETARY OF THE DEPARTMENT OF INTERIOR, Defendant.

United States District Court, S.D. New York.

July 30, 1999.

Attorney(s) appearing for the Case

Lee Frederick Bantle, Beldock Levine & Hoffman, New York, NY, for Plaintiff.

Jennifer Kay Brown, U.S. Attorney's Office, New York, NY, for Defendant.

ORDER

COTE, District Judge.

Upon the Court's request, the parties have submitted letter briefs addressing whether it is for the Court or a jury to decide whether either equitable tolling or equitable estoppel should apply to allow plaintiff William Pauling's ("Pauling") case to proceed, despite his failure to contact an EEO counselor within 45 days of the alleged discrimination. For the reasons set forth herein, the Court will determine the application...

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