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pursuant to a repurchase option allegedly triggered by Smithsonian activities. A motion to dismiss for lack of subject matter jurisdiction was denied in an October 29, 1985, order of the court. A motion for reconsideration of the order was filled by the Justice Department on November 13, 1985.

5. [[underlined]]Graham v. Adams[[/underlined]]

This suit, filed under Title VII of the Civil Rights Act in the U.S. District Court for the District of Columbia in January 1985, alleges that plaintiffs' jobs as National Zoological Park Head Zoo Keepers were abolished in December 1980 on the basis of their race (black), sex (male), and age. Plaintiffs seek reinstatement with back pay and benefits, training, and attorneys' fees. Trial in this case is scheduled for June 17, 1986.

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

6. [[underlined]]Green v. United States[[/underlined]] (tort claim for injuries allegedly sustained from an assault by three youths in an SI parking lot) - Filed April 5, 1985, in the U.S. District Court for the District of Columbia. Damages sought: $2 million. Pretrial discovery proceedings underway.

7. [[underlined]]Smithsonian Institution v. District of Columbia Department of Employment Services[[/underlined]] (appeal of unemployment compensation eligibility decision) - Filed April 1, 1985, in the D.C. Court of Appeals. Briefs filed July 31, 1985. Smithsonian being represented by the U.S. Department of Justice. Awaiting scheduling of oral argument date.

CASES DISPOSED OF:

8. [[underlined]]Avise v. Smithsonian Institution[[/underlined]]

This suit was filed in the U.S. Court of Appeals for the Federal Circuit by a former Smithsonian employee on January 9, 1985. The plaintiff appealed a Merit Systems Protection Board (MSPB) decision of December 19, 1984, upholding the Institution's termination of plaintiff as a Utility Systems Repairer/Operator during his probationary period. Plaintiff sought reinstatement and back pay. The Court of Appeals affirmed the MSPB decision and termination on May 16, 1985.

9. [[underlined]]Dance v. Ripley[[/underlined]]

Plaintiff, a trust fund employee of the Smithsonian Astrophysical Observatory, filed this suit in the U.S. District Court for the District of Massachusetts in August 1978, alleging that she was not selected for promotion because of her race and seeking a retroactive promotion, back pay, and attorneys' fees. Trial in this case was held in October and December 1984. On January 3, 1985, the Honorable John J. McNaught ruled favorably upon the Institution's request that the case be dismissed because, upon the facts