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OBREY v. JOHNSON

No. 03-16849.

400 F.3d 691 (2005)

Ronald L. OBREY, Jr., Plaintiff-Appellant, v. Hansford T. JOHNSON, in his capacity as the Acting Secretary of the Navy, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2005.

Attorney(s) appearing for the Case

Clayton C. Ikei, Honolulu, HI, for the plaintiff-appellant.

E. Roy Hawkens, Jeffrey Clair, Appellate Staff Civil Division, Department of Justice, Washington, DC, for the defendant-appellee.

Before BRUNETTI, GRABER, and BYBEE, Circuit Judges.

BYBEE, Circuit Judge.

This appeal requires us to clarify and apply the harmless error test applicable to civil trials in our circuit.

I.

Appellant, Ronald L. Obrey, Jr., originally filed suit for declaratory and injunctive relief, alleging that he was twice denied a promotion to the position of Production Resource Manager at the Pearl Harbor Naval Shipyard (hereinafter, the "Shipyard") on the basis of his...

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