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BRAZORIA COUNTY, TEX. v. E.E.O.C.

No. 03-60709.

391 F.3d 685 (2004)

BRAZORIA COUNTY, TEXAS; David Christian, former Justice of the Peace of Brazoria County, Texas (Precinct 2), Petitioners-Cross-Respondents, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; United States of America, Respondents-Cross-Respondents, and Kyle Knight, Intervenor-Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

November 19, 2004.

Attorney(s) appearing for the Case

Henry Walter Prejean (argued), Angleton, TX, for Petitioners-Cross-Respondents.

Irene M. Solet, Marleigh D. Dover, U.S. Dept. of Justice, Civ. Div., Susan Lisabeth Starr, Carlton Hadden, EEOC, Washington, DC, for Respondents.

Gregory Scott Fiddler (argued), Law Office of G. Scott Fiddler, Houston, TX, for Intervenor.

Before BARKSDALE and PICKERING, Circuit Judges, and LYNN, District Judge.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Lacking jurisdiction over Kyle Knight's cross-petition, the sole issue at hand is whether, under the Government Employee Rights Act (GERA), 42 U.S.C. § 2000e-16a to 16c (formerly codified at 2 U.S.C. §§ 1201, 1202, 1220), the County and former justice of the peace David Christian (jointly, the County) were properly held liable by the EEOC for claimed retaliation against Knight. That decision had two factual bases...

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