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123991P.pdf   02/26/2014  Gary AuBuchon  v.  Timothy F. Geithner
   U.S. Court of Appeals Case No:  12-3991
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Smith, Author, with Wollman and Beam, Circuit Judges] Civil case - Employment Discrimination. In an action alleging the IRS retaliated against plaintiff by failing to promote him to the position of senior international agent, no such position was available to which plaintiff could be promoted and no reasonable employee would have found the IRS's failure to promote to be a materially adverse employment action; other claims of material adverse employment action rejected; the IRS's actions did not constitute constructive discharge.