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BATEMAN v. U.S. POSTAL SERVICE

No. 99-15394.

231 F.3d 1220 (2000)

Walter BATEMAN, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE; William J. Henderson, Postmaster General, Defendants-Appellees, and Aaron Johnson; Ben Fukumitsu; David Burns; Jose Mallari, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2000

Amended November 2, 2000

Attorney(s) appearing for the Case

Kelechi Charles Emeziem, Emeziem & Ogbu, Oakland, California, for the plaintiff-appellant.

Anne Norris Graham, United States Postal Service; New York, New York; Robert S. Mueller, III, United States Attorney, San Francisco, California; Gail Killefer, Chief, Civil Division, San Francisco, California; Alex G. Tse, Assistant United States Attorney, San Francisco, California; R. Andrew German, United States Postal Service, Washington, D.C.; for the defendants-appellees.

Before: B. FLETCHER, ALARCON, and HAWKINS, Circuit Judges.

Argued and Submitted April 26, 2000 — San Francisco, California

Opinion by Judge HAWKINS; Dissent by Judge ALARCON.

ORDER AMENDING OPINION AND DENYING REHEARING AND AMENDED OPINION

ORDER

MICHAEL DALY HAWKINS, Circuit Judge:

The Opinion filed on July 26, 2000, and appearing at 219 F.3d 1029 (9th Cir.2000), is amended as follows:

At page 1031, footnote 2, following the second sentence in the footnote, insert:...

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