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WHITMAN v. DEPARTMENT OF TRANSP.

No. 03-35303.

382 F.3d 938 (2004)

Terry L. WHITMAN, Plaintiff-Appellant, v. DEPARTMENT OF TRANSPORTATION; Norman Y. Mineta, U.S. Secretary of Transportation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2004.

Attorney(s) appearing for the Case

Terry L. Whitman, Anchorage, AK, in pro per plaintiff-appellant.

Peter D. Keisler, Assistant Attorney General, Timothy M. Burgess, United States Attorney, William Kanter and Lewis S. Yelin, Attorneys, Appellate Staff, Civil Division, United States Department of Justice, for the defendant-appellee.

Before HALL, KLEINFELD, and WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge:

Terry L. Whitman claims that his employer, the Federal Aviation Administration ("FAA"), an agency within the United States Department of Transportation ("DOT"), violated his rights under 49 U.S.C. § 45104(8) and the First Amendment by disproportionately testing him for substance abuse. Concluding that (i) the Civil Service Reform Act ("CSRA"), 5 U.S.C. § 7101 et seq., governs Whitman's employment grievance against the FAA;...

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