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BARNETT v. U.S. AIR, INC.

No. 96-16669.

196 F.3d 979 (1999)

Robert BARNETT, Plaintiff-Appellant, v. U.S. AIR, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 1998.

Amended October 28, 1999.

Attorney(s) appearing for the Case

Robert W. Rychlik, Cupertino, California, and Richard L. Davis, Menlo Park, California, for the plaintiff-appellant.

Raymond W. Thomas and Marita T. Covarrubias, Loeb & Loeb, Los Angeles, California, for the defendant-appellee.

Before: B. FLETCHER, WIGGINS, and RYMER, Circuit Judges.

Opinion by Judge WIGGINS; Dissent by Judge B. FLETCHER.

ORDER

The opinion filed on October 6, 1998, published at 157 F.3d 744 (9th Cir.1998), is amended as follows. The portion of the opinion (1) beginning with the first complete paragraph in the right-hand column of 157 F.3d at 750, which starts with the words "Notwithstanding the Rehabilitation Act cases," and (2) continuing to the end of Section (2)(b)(i) of the opinion...

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