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BARSTEN v. DEPARTMENT OF INTERIOR

No. 88-1927.

896 F.2d 422 (1990)

Dennis C. BARSTEN, Plaintiff-Appellant, v. DEPARTMENT OF the INTERIOR, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 21, 1990.

Attorney(s) appearing for the Case

Dennis C. Barsten, pro se, Fair Oaks, Cal., for plaintiff-appellant.

Karen L. Patterson, Asst. U.S. Atty., Sacramento, Cal., for defendant-appellee.

Before CHOY, CANBY and NORRIS, Circuit Judges.

CANBY, Circuit Judge:

Appellant Dennis C. Barsten brought this action under the Rehabilitation Act, 29 U.S.C. § 794a(a)(1), alleging that he had been unlawfully terminated from employment at the Department of the Interior because of a physical handicap. The Department moved to dismiss for lack of subject matter jurisdiction because Barsten named the Department, rather than the Secretary, as defendant. The district court granted the Department's motion, and Barsten...

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