No. 99-17350.

265 F.3d 890 (2001)

Robert RODRIGUEZ, Plaintiff-Appellant, v. AIRBORNE EXPRESS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2001.

Attorney(s) appearing for the Case

Jeremy L. Friedman, Oakland, California, for the plaintiff-appellant.

Theodora R. Lee, Therese M. Leone, Littler Mendelson, Oakland, California, for the defendant-appellee.

Before: PREGERSON, CANBY, and THOMPSON, Circuit Judges.

CANBY, Circuit Judge:

Plaintiff Robert Rodriguez brought this action against Defendant Airborne Express ("Airborne") for discrimination based on disability in violation of California's Fair Employment and Housing Act ("FEHA"). After removing the case to federal court on the ground of diversity of citizenship, Airborne moved for summary judgment. The district court granted the motion, dismissing Rodriguez's action for failure to exhaust administrative remedies under...

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