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McLEAN v. RUNYON

No. 99-35237.

222 F.3d 1150 (2000)

Rodney McLEAN, Plaintiff-Appellant, v. Marvin T. RUNYON, in his official capacity as Postmaster General of the United States, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2000.

Attorney(s) appearing for the Case

Michael R. Dehner, Portland, OR, for plaintiff-appellant.

Herbert C. Sundby, Asst. U.S. Atty., Portland, OR, for defendant-appellee.

Before: NOONAN, GRABER and FISHER, Circuit Judges.

FISHER, Circuit Judge:

Rodney McLean worked for the United States Postal Service ("USPS") for nine-and-a-half years as a Mark-Up Clerk until his disabilities prevented him from performing the duties of that position, even after USPS tried to modify the position to accommodate him. Taking the initiative to find a comparable, vacant position to which he could be reassigned, McLean identified over 40 positions he claimed would...

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