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JOHNSTON v. HORNE

No. 86-3956.

875 F.2d 1415 (1989)

Donald JOHNSTON; Lola Lovina Johnston, Plaintiffs-Appellants, v. Captain R.B. HORNE, Commander Puget Sound Naval Shipyard, et al., Bremerton Metal Trades Council, a labor organization; John Doe, supervisor, and his Marital Community; International Association of Machinists and Aerospace Workers, Local Lodge 282, a labor organization, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 25, 1989.

As Amended on Denial of Rehearing and Rehearing August 7, 1989.

Attorney(s) appearing for the Case

Mary Ruth Mann and Kenneth R. Shear, Seattle, Wash., for plaintiffs-appellants.

Charles Pinnell, Asst. U.S. Atty., and James D. Beback, Office of Gen. Counsel, U.S. Navy, Seattle, Wash., for defendants-appellees.

Before WRIGHT, TANG and WIGGINS, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc August 7, 1989.

EUGENE A. WRIGHT, Circuit Judge:

Donald Johnston brought a number of claims arising from his employment at the Puget Sound Naval Shipyard.

I

The Shipyard hired him as a toolmaker in 1969. Although hearing impaired, he retained residual hearing and an ability to read lips which allowed him to communicate. He performed satisfactorily during his first five years at the Shipyard...

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