Legal Opinion

Jose Gomez v. Department of the Air Force, Etc.

Court of Appeals for the Fifth Circuit

Decided April 10, 1989No. 88-5588PublishedCited by 9 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

Plaintiff-appellant Jose Gomez (Gomez) appeals from the district court’s dismissal of his complaint against defendant-appellee Edward C. Aldridge, Secretary, Department of the Air Force (the Air Force). The district court held that Gomez’s suit was untimely because filed outside the thirty-day limitations period prescribed for his national origin discrimination complaint. 42 U.S.C. § 2000e-16(e); Bell v. Veterans Admin. Hospital, 826 F.2d 357 (5th Cir.1987). We find that Gomez’s claim was governed by the 180-day “no final agency action” provision of 42 U.S.C. §…

2Cases cited14 opinions

  1. Morton v. RuizSupreme Court of the United States · 1974
  2. United States v. Riverside Bayview Homes, Inc.Supreme Court of the United States · 1985
  3. Joseph F. WILLIAMS, Petitioner, v. DEPARTMENT OF the ARMY, RespondentCourt of Appeals for the Federal Circuit · 1983
  4. Lloyd J. Hayes v. United States Government Printing OfficeCourt of Appeals for the D.C. Circuit · 1982
  5. Sidag Aktiengesellschaft, a Corporation of Switzerland v. Smoked Foods Products Company, Inc., Etc., Ronald C. Cox and Sales U.S.A., Inc.Court of Appeals for the Fifth Circuit · 1987

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3Cited by9 opinions

  1. Colburn P. RANDEL, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF THE NAVY, John H. Dalton, Secretary, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1998
  2. Manuel Munoz, Jr., and Jesus G. Munoz v. Edward C. Aldridge, Iii, Secretary of the United States Dept. Of the Air ForceCourt of Appeals for the Fifth Circuit · 1990
  3. Arnold v. United States Department of the InteriorCourt of Appeals for the Fifth Circuit · 2000
  4. Burrell v. United States Postal ServiceDistrict Court, E.D. Louisiana · 2001
  5. Ruben Martinez v. Rodney E. Slater, Secretary of TransportationCourt of Appeals for the Tenth Circuit · 1997

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