Unpublished Disposition, 936 F.2d 579 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 936 F.2d 579 (9th Cir. 1991)

No. 90-15639.

United States Court of Appeals, Ninth Circuit.

Before CHAMBERS, BRUNETTI and RYMER, Circuit Judges

We affirm. On the record in this case, we cannot say that summary judgment is improper, because the INS presented no policy or other substantial evidence that raised a genuine issue of fact as to whether freedom from drug use rendered Nisperos unqualified for his job as an INS attorney. We do not decide, however, whether in any other case a government attorney who has used drugs might not be qualified to work on drug-related matters.

AFFIRMED.

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This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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