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DAVANI v. VIRGINIA DEPT. OF TRANSP.

No. 05-1432.

434 F.3d 712 (2006)

Mozafar H. DAVANI, Plaintiff-Appellant, v. VIRGINIA DEPARTMENT OF TRANSPORTATION; Steven E. Welch; William V. Johnson, Jr., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 17, 2006.

Attorney(s) appearing for the Case

ARGUED: Michael Wayne Beasley, Falls Church, Virginia, for Appellant. Ronald Nicholas Regnery, Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Judith Williams Jagdmann, Attorney General of Virginia, Maureen Riley Matsen, Deputy Attorney General, Edward M. Macon, Senior Assistant Attorney General/Chief, Richmond, Virginia, for Appellees.

Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.

Reversed and remanded with instructions by published opinion. Judge WILLIAMS wrote the opinion, in which Judge NIEMEYER and Judge SHEDD joined.

OPINION

WILLIAMS, Circuit Judge:

Mozafar Davani was employed by the Virginia Department of Transportation (Department) where he was supervised by Steven Welch and William Johnson. Over the course of several years, Davani received three disciplinary warnings for failure to follow Welch and Johnson's instructions...

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