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THORNHILL v. MARSH

No. 87-4008.

866 F.2d 1182 (1989)

Larry THORNHILL, Plaintiff/Appellant, v. John O. MARSH, Jr., Secretary of the Department of the Army, Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1989.

Attorney(s) appearing for the Case

Donald B. Potter, Richard C. Busse, Law Offices of Richard C. Busse, Portland, Or., for plaintiff-appellant.

Charles H. Turner, U.S. Atty., Judith D. Kobbervig, Asst. U.S. Atty., Portland, Or., for defendant-appellee.

Before BROWNING, TANG and FARRIS, Circuit Judges.

PER CURIAM:

Thornhill filed a civil action alleging he was discharged by the Corps of Engineers in violation of the Rehabilitation Act of 1973. 29 U.S.C. § 794. The district court granted summary judgment for the government on two independent grounds. We reverse.

I

Thornhill was hired by the Corps as a utility man. The job required frequent lifting of up to 50 pounds of material and equipment and occasional lifting of up to 100 pounds. Thornhill...

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