Chong Kim v. Francis J. Harvey, in his capacity as SECRETARY OF THE ARMY

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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 07a0783n.06
Filed: November 7, 2007
No. 07-1108
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
CHONG KIM,
Plaintiff-Appellant,
v.
FRANCIS J. HARVEY, in his capacity as
SECRETARY OF THE ARMY
Defendant-Appellee,
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF MICHIGAN
Before: MARTIN, GIBBONS and SUTTON, Circuit Judges.
JULIA SMITH GIBBONS, Circuit Judge. Plaintiff-appellant Chong Kim appeals the
district court’s order granting the summary judgment motion of defendant-appellee Francis J.
Harvey, Secretary of the Army. Kim contends that issues of material fact exist regarding the grounds
for his disenrollment from the Army War College and his dismissal from the Army’s Defense
Leadership and Management Program. Specifically, Kim believes that he suffered these adverse
employment actions because he was subject to both age and race/national origin discrimination in
violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Age
Discrimination in Employment Act, 29 U.S.C. § 621 et seq.
Having reviewed the parties’ briefs and the applicable law, and having had the benefit of oral

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argument, we conclude that a panel opinion further addressing the issues raised would serve no
jurisprudential purpose. Therefore, on the grounds identified by the district court, we affirm the
district court’s order granting summary judgment to the defendant.

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