John Luther Spears, Plaintiff-appellant, v. Anthony M. Frank, Postmaster General, Defendant-appellee, 996 F.2d 1227 (9th Cir. 1993)
Annotate this CaseBefore: GOODWIN, D.W. NELSON, and REINHARDT, Circuit Judges.
ORDER
Appellant's petition for rehearing is GRANTED. The memorandum filed in this case on September 22, 1992 is withdrawn.
Under the Civil Rights Act of 1991, a federal employee must file a civil action within ninety days of notice from the EEOC. See 42 U.S.C. § 2000e-16(c). The 1991 act applies to this action. See Estate of Reynolds v. Martin, 985 F.2d 470 (9th Cir. 1993). Spears lodged his complaint within ninety days of notice. Accordingly, we reverse summary judgment, and remand.
REVERSED AND REMANDED.
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