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KOTARSKI v. COOPER

No. 84-5673.

799 F.2d 1342 (1986)

Frank K. KOTARSKI, Plaintiff-Appellant, v. V.L. COOPER, A.E. Navarro, W.J. Tinston, J.H. Kirkpatrick, Naval Air Rework Facility, Capt. P.A. Monroe, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 16, 1986.

Attorney(s) appearing for the Case

Frank K. Kotarski, in pro. per.

Richard A. Olderman, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before NELSON, CANBY and HALL, Circuit Judges.

CANBY, Circuit Judge:

Plaintiff, a civilian employee of the Navy, was promoted to a supervisory position subject to a probationary period of one year. He was demoted to his former position during that year, and brought this action in district court to contest his demotion and seek Bivens1 damages for it. The district court dismissed his complaint with prejudice, and plaintiff appeals. We reverse.

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