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United States First Circuit


ROSSITER v. POTTER, 03-1860

When a federal employee opts to bypass the administrative process and pursue an ADEA claim directly in the district court, the applicable limitations period should be borrowed from the Fair Labor Standards Act. District court erred in dismissing plaintiff's action as time-barred.

Appellate Information

  • Decided 01/27/2004
  • Published 01/27/2004

Judges

  • SELYA, Circuit Judge., Before SELYA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Richard C. Biller, with whom Goguen, McLaughlin, Richards & Mahaney, LLP was on brief, for appellant.

  • For Appellees:
  • Christopher R. Donato, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.
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