Ivan C. Reeder, Plaintiff-appellant, v. Anthony M. Frank, Postmaster General of the United States,authorized Representative of the United Statespostal Service, Defendant-appellee, 986 F.2d 1428 (10th Cir. 1993)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Ivan C. Reeder is an employee of the United States Postal Service. After twice applying for and failing to receive a promotion, Reeder brought this suit against Anthony M. Frank, Postmaster General of the United States. In his lower court complaint, Reeder alleged causes of action for violation of §§ 501 and 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791, 794; for violation of the Postal Reorganization Act, 39 U.S.C. §§ 1001(b), 1103(b); and for breach of an implied employment contract and implied covenant of good faith and fair dealing. The district court granted summary judgment for the Postal Service on all of Reeder's claims. On appeal, Reeder contests only the disposition of the claims under the Rehabilitation Act. Reeder argues that summary judgment was improper for these claims because a genuine issue of material fact exists as to the § 501 claim and because the Tenth Circuit law precluding Reeder's § 504 claim is incorrectly decided.

As to Reeder's § 501 claim, we affirm for substantially the reasons given by the district court the conclusion that Reeder did not qualify as a handicapped person under the Act. See Memorandum Decision at 16-26. Because Reeder's § 504 claim also requires an initial determination that the individual is handicapped, we dismiss as moot Reeder's request to reconsider our decision in Johnson v. United States Postal Service, 801 F.2d 1475 (10th Cir. 1988), cert. denied, 439 U.S. 811 (1989).

AFFIRMED. The mandate shall issue forthwith.