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JOHNSON v. U. S. POSTAL SERVICE

No. 74-1241 Summary Calendar.

497 F.2d 128 (1974)

James D. JOHNSON, Plaintiff-Appellant, v. U. S. POSTAL SERVICE, Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

July 11, 1974.

Attorney(s) appearing for the Case

Ralph K. Helge, Pasadena, Cal., Kent Spriggs, Tallahassee, Fla., for plaintiff-appellant.

Nathan Lewin, Washington, D. C., Dennis Rapps, Nat'l Jewish Commission on Law & Public Affairs, Brooklyn, N. Y., amicus curiae, for plaintiff-appellant.

William H. Stafford, Jr., U. S. Atty., Clinton Ashmore, Melvin Horne, Asst. U. S. Attys., Tallahassee, Fla., for plaintiff-appellee.

Mozart G. Ratner, George B. Driesen, Washington, D. C., for National Assoc. of Letter Carriers, AFL-CIO.

Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.

PER CURIAM:

The sole issue in this appeal is whether the appellant's religious beliefs and practices placed an undue hardship on the United States Postal Service thereby justifying his dismissal as a flexible part-time clerk. The District Court dismissed Johnson's suit brought under § 717 of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e-16(a)),1 finding that the Postal Service could not accommodate the appellant's demands...

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