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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : : : : : : : ...o0o... MEMORANDUM Now pending before the court is a motion to dismiss or, in the alternative, for summary judgment, filed by defendant Pete Geren, Secretary of the U.S. Department of the Army ("Army"), against plaintiff Nevin L. Rupert. Mr. Rupert is appealing a decision of the Merit Systems Protection Board ("MSPB") sustaining the Army's decision to remove him from his position at the U.S. Army Research Laboratory ("ARL"), claiming that the MSPB's decision was arbitrary and capricious and amounts to harmful procedural error (Counts I & IV). He is also suing Mr. Geren, as head of the Army, for allegedly discriminating against him on the basis of his age and in retaliation for his filing a charge with the Equal Employment Opportunity Commission ("EEOC"), in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C.

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Maryland Law