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SCANLON v. ATASCADERO STATE HOSPITAL

No. 80-5201.

677 F.2d 1271 (1982)

Douglas James SCANLON, Plaintiff-Appellant, v. ATASCADERO STATE HOSPITAL, California Department of Mental Health, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted October 15, 1981.

Decided May 24, 1982.

Rehearing and Rehearing Denied September 22, 1982.

Attorney(s) appearing for the Case

Marilyn Holle, Western Law Center for the Handicapped, Los Angeles, Cal., for plaintiff-appellant.

James E. Ryan, Deputy Atty. Gen., Los Angeles, Cal., for defendants-appellees; Prudence Kay Poppink, Employment Law Center, San Francisco, Cal., on brief.

Before DUNIWAY and FERGUSON, Circuit Judges, and KELLAM, District Judge.

Rehearing and Rehearing En Banc Denied September 22, 1982.

DUNIWAY, Circuit Judge:

We affirm the dismissal of this action, brought under 29 U.S.C. § 794.

I. Facts.

Scanlon alleges that he suffers from diabetes mellitus and a lack of vision in one eye, that he was denied a job as a graduate student assistant at Atascadero State Hospital, and that this was discrimination in employment...

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