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CALHOUN v. BAILAR

No. 78-1705.

626 F.2d 145 (1980)

James L. CALHOUN, Plaintiff-Appellant, v. Benjamin F. BAILAR, Postmaster General of the United States, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1980.

Attorney(s) appearing for the Case

Howard Moore, Jr., Moore & Bell, Oakland, Cal., for plaintiff-appellant.

George Christopher Stoll, Asst. U. S. Atty., San Francisco, Cal., for defendant-appellee.

Before WALLACE and FARRIS, Circuit Judges, and KARLTON, District Judge.

KARLTON, District Judge.

Plaintiff challenges his discharge for falsifying mail volume records on the ground that the administrative findings were not supported by substantial evidence. He appeals from the district court's entry of summary judgment. The issue he posits on appeal is whether or not hearsay statements, subsequently disavowed on direct examination, constitute "substantial" evidence sufficient to support the administrative determination.

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