30 Fair empl.prac.cas. 703, 30 Empl. Prac. Dec. P 33,174 Hung Ping Wang v. Martin L. Hoffman, Secretary of the Army, and Donald R. Rumsfeld, Secretary of Defense

694 F.2d 1146 30 Fair Empl.Prac.Cas. 703 , 30 Empl. Prac. Dec. P 33,174 HUNG PING WANG, Plaintiff-Appellant, v. Martin L. HOFFMAN, Secretary of the Army, and Donald R. Rumsfeld, Secretary of Defense, Defendants-Appellees. No. 80-3297. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1981. Decided Dec. 3, 1982. Dissenting Opinion Dec. 17, 1982. Nick Chaivoe, Nick Chaivoe, P.C., Portland, Or., for plaintiff-appellant. Judith Kobbervig, Portland, Or., for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before GOODWIN and FLETCHER, Circuit Judges, and McNICHOLS, * District Judge. FLETCHER, Circuit Judge: 1 Wang appeals the dismissal of his Title VII action against the Army Corps of Engineers. We note jurisdiction under 28 U.S.C. Sec. 1291 (1976) and reverse. 2 * FACTS 3 Wang was born in Taiwan and emigrated to the United States in 1965. He worked for the Army Corps of Engineers (Corps) from 1966 to 1969 at the GS-9 level, and then at the GS-11 level until his retirement in 1980. 4 Wang brought this Title VII action against the Corps alleging that he had been denied promotion to three GS-12 positions in 1973 and…