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Argued March 19, 2001

Opinion for the Court filed by Circuit Judge Williams.

Matthew Fogg sued the United States Attorney General in federal district court, alleging that his employer, the United States Marshals Service, had discriminated against him on grounds of race in violation of s 717 of the 1964 Civil Rights Act as amended, 42 U.S.C. s 2000e-16. A jury, which under the 1991 amendments could issue a binding verdict for violations on or after the amendments’ effective date (November 11, 1991), found for Fogg and awarded a verdict of $4 million. It also found for Fogg on his pre-1991 claims, but as to those its verdict was purely advisory. See Fed. R. Civ. P. 39(c). Applying the statute’s damage cap limitation, the district court cut the verdict to $300,000. It denied Fogg’s claims for equitable relief as well as his claims of pre-November 11, 1991 violations. It also rejected Fogg’s contention that the Merit Systems Protection Board (“MSPB”) had unlawfully rejected the procedural “non-discrimination” claims that he raised in that forum.

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