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the employees made the purchases for the National Zoo in the course and scope of their employment, the Smithsonian has retained private counsel to defend the employees in the administrative proceedings within the Interior Department and in any subsequent appeals. A negotiated settlement is under discussion between private counsel representing the two NZP employees and the Department of the Interior.

7. There have been no recent developments in the following cases, which have been reported previously to the Board:

[[underlined]] Bowler [[/underlined]] v. [[underlined]] Ripley [[/underlined]] (racial discrimination)

[[underlined]] Chedister [[/underlined]] v. [[underlined]] United States [[/underlined]] (termination of employment)

[[underlined]] Dance [[/underlined]] v. [[underlined]] Ripley [[/underlined]] (racial discrimination)

[[underlined]] Hart [[/underlined]] v. [[underlined]] National Collection of Fine Arts of the Smithsonian Institution [[/underlined]] (probate of estate)

[[underlined]] Lucas [[/underlined]] v. [[underlined]] Ripley [[/underlined]] (class action - sex and racial discrimination)

[[underlined]] United States [[/underlined]] v. [[underlined]] Tougas [[/underlined]] (to recover proceeds of sales of federal excess property)

[[underlined]] Cases Disposed Of [[/underlined]]

1. [[underlined]] Benima [[/underlined]] v. [[underlined]] Smithsonian Institution [[/underlined]]

In this suit, filed in the U. S. District Court for the District of Massachusetts in January 1976, the plaintiff alleged age and national origin discrimination. A motion to dismiss the case against the United States and the Smithsonian was granted on August 15, 1978, leaving a Smithsonian employee named in his individual and official capacities as the remaining defendant. In a January 16, 1979, decision of the court, the August 15, 1978, decision was revoked and a new decision dismissing the suit against all defendants was issued. No appeal of this decision was taken.

2. [[underlined]] Dorosheff [[/underlined]] v. [[underlined]] United States [[/underlined]]

In this suit, filed in the U. S. District Court for the Southern District of Illinois in November 1978, the plaintiff sought $50,000 in damages for personal injuries growing out of a fall in the Institution's Arts and Industries Building in November 1976. The plaintiff had previously filed a federal tort claim which had been denied. The Smithsonian, through the Justice Department, has agreed to settle the suit for $1,200 without admission of liability.