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United States DC Circuit


Fogg v. Gonzales, 05-5439

In suit alleging racial discrimination in employment, verdict for plaintiff and grant of equitable relief in the form of back pay are affirmed as to back pay and denial of front pay, but reversed as to "grossed up" increase of back pay where the district court abused its discretion in accounting for plaintiff's higher tax liability.

Appellate Information

  • Argued 01/12/2007
  • Decided 06/29/2007
  • Published 06/29/2007

Judges

  • Before:  GINSBURG, Chief Judge, and HENDERSON and GARLAND, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellees:
  • Peter S. Smith, Assistant U.S. Attorney, argued the cause for appellant/cross-appellee.   With him on the briefs were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.  Michael J. Ryan, Assistant U.S. Attorney, entered an appearance., Frank J. Costello, Jr. argued the cause and filed the briefs for appellee/cross-appellant.
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