Sam K. Saslaw, Plaintiff-appellant, v. Department of the Interior, Defendant-appellee, 891 F.2d 295 (9th Cir. 1989)Annotate this Case
Submitted Nov. 1, 1989. *Decided Dec. 1, 1989
Before SNEED, KOZINSKI and THOMPSON, Circuit Judges.
The district court found that Saslaw's discharge resulted from a lack of work, a budget reduction and a general phaseout of federal employees in the Trust Territory of the Pacific Islands, rather than from age discrimination. The court also found that defendant did not conspire to abolish Saslaw's position, and that defendant did not engage in reprisal against him. These findings are not clearly erroneous.
Plaintiff's argument, raised for the first time on appeal, that the district court was required to limit its review to the agency record, is plainly wrong. See 29 USC § 633a(c); Nabors v. United States, 568 F2d 657, 659-660 (9th Cir1978) (trial de novo in district court).