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-76- 3. [[underlined]]Genson[[/underlined]] v. [[underlined]]Ripley[[/underlined]] In this suit, filed in March 1981 in the U. S. District Court for the District of Arizona (Tucson Division), plaintiff sough $100 million in damages by plaintiff. A Motion for Summary Judgment and Dismissal of the case, for failure to state a claim and failure to exhaust administrative remedies, was granted by the District Court on December 18, 1981. Plaintiff appealed the order to the U. S. Court of Appeals (9th Circuit), which, on July 23, 1982, affirmed the for writ of certiorari with the U. S. Supreme Court, seeking review of the July 23, 1982, decision of the U. S. Court of Appeals. 4. [[underlined]]Jones[[/underlined]] v. [[underlined]]Smithsonian Institute[[/underlined]] This is an appeal to the U. S. Court of Claims, filed January 8, 1982, from a ruling by the Merit Systems Protection Board affirming the Smithsonian Institution's decision to reject as untimely the efforts of a former employee to appeal in 1981 his discharge from Smithsonian service in 1976. A motion for an order transferring the case to the regular docket of the Court and setting a schedule for further proceeding, filed by the Justice Department on behalf of the Institution, was granted on April 5, 1982. 5. [[underlined]]Lucas[[/underlined]] v. [[underlined]]Ripley[[/underlined]] In this class action suit, filed in July 1978 in the U. S. District Court for the District of Columbia, plaintiff (a black, female employee of the Smithsonian) alleges sex and racial discrimination, on behalf of herself and all black employees of the Institution. The basis of the suit is her nonselection for a higher paid position. On February 12, 1982, a decision denying the cross motions for summary judgment and declining to certify the class was entered. Plaintiff subsequently filed a motion seeking approval of the District Court to certify the denial of class certification issues to the U. S. Court of Appeals prior to proceeding on the merits of her individual complaint. The motion was denied on June 17, 1982, and trial in this case is to begin on December 12, 1982. There have been no significant developments in the following cases, which have been reported previously to the Board. 6. [[underlined]]Dance[[/underlined]] v. [[underlined]]Ripley[[/underlined]] U. S. District Court for the District of Massachusetts. Awaiting trial date. 7. [[underlined]]Epps[[/underlined]] v. [[underlined]]Ripley[[/underlined]] (sex discrimination, mental distress) - Filed March 1981 in the U. S. District Court for the District of Columbia. Motion to dismiss for procedural and jurisdictional insufficiency, filed by the Department of Justice on behalf of the Institution, denied March 11, 1982. Trial is set for September 20, 1982.