Legal Opinion

Juan Roberto OAXACA, Plaintiff-Appellant, v. Egger L. ROSCOE, Commissioner of Internal Revenue Service, Defendant-Appellee

Court of Appeals for the Fifth Circuit

Decided April 3, 1981No. 80-1196PublishedCited by 125 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

The suit of a former Internal Revenue Service employee who contends that the government discriminated against him based on his Mexican national origin was dismissed for lack of subject matter jurisdiction on the ground that the employee failed to bring his complaint to the attention of the Equal Employment Opportunity [EEO] counselor within thirty calendar days as required by the federal nondiscrimination regulations. Concluding that the failure to give timely notice does not deprive the court of subject matter jurisdiction, but raises instead issues that the…

2Cases cited23 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Tomas Menchaca and Wife, Irma Menchaca v. Chrysler Credit CorporationCourt of Appeals for the Fifth Circuit · 1980
  3. McLain v. Real Estate Board of New Orleans, Inc.Supreme Court of the United States · 1980
  4. Mrs. Roger McMillan REEB, Plaintiff-Appellant, v. ECONOMIC OPPORTUNITY ATLANTA, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1975
  5. W. B. COKE, Jr., Plaintiff-Appellant, v. GENERAL ADJUSTMENT BUREAU, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1981

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3Cited by125 opinions

  1. Roy E. Bowden v. United StatesCourt of Appeals for the D.C. Circuit · 1997
  2. Joe Marsh, Leroy Owens v. Butler County, Alabama, the Butler County CommissionCourt of Appeals for the Eleventh Circuit · 2001
  3. James E. Brown v. John O. Marsh, Jr., Secretary of the ArmyCourt of Appeals for the D.C. Circuit · 1985
  4. Walter SESSIONS, Plaintiff-Appellant, v. RUSK STATE HOSPITAL, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1981
  5. Boyd v. United States Postal ServiceCourt of Appeals for the Ninth Circuit · 1985

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