BARTH v. GELB

No. 91-5199.

2 F.3d 1180 (1993)

Donald BARTH, Appellant, v. Bruce S. GELB, Director, United States Information Agency, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 27, 1993.


Attorney(s) appearing for the Case

Michael J. Kator, Washington, DC, argued the cause, for appellant. With him on the brief were David H. Shapiro and Katherine L. Garrett, Washington, DC.

Diane M. Sullivan, Asst. U.S. Atty., Washington, DC, argued the cause, for appellees. With her on the brief were Jay B. Stephens, U.S. Atty. at the time the brief was filed, and John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, DC.

Before SILBERMAN, BUCKLEY, and D.H. GINSBURG, Circuit Judges.


Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Donald Barth, a severe diabetic, appeals a judgment in favor of his employer, the Voice of America, on his claim that the VOA illegally discriminated on the basis of handicap by failing to clear him for service at the VOA's overseas radio relay stations. The district court found that the agency was justified in denying Mr. Barth an overseas assignment because the special arrangements...

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