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COOK v. UNITED STATES DEPT. OF LABOR

No. 81-7599.

688 F.2d 669 (1982)

David COOK, Sr., Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided September 22, 1982.

As Modified on Denial of Rehearing January 24, 1983.

Attorney(s) appearing for the Case

Charles B. Phillips, Walla Walla, Wash., for petitioner.

James D. Henry, Washington, D.C., for respondent.

Before WRIGHT, TANG and CANBY, Circuit Judges.

PER CURIAM.

Plaintiff-appellant Cook contends that he was fired because of a physical handicap in violation of 29 U.S.C. § 834 and § 794. An Administrative Law Judge for the Department of Labor denied Cook's claim for reinstatement and backpay. The Secretary did not modify or vacate the decision, and it became the decision of the Secretary pursuant to 20 C.F.R. § 676.91(f). Cook appeals pursuant to 29 U.S.C. § 817(a).

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