Sam K. Saslaw, Plaintiff-appellant, v. Department of the Interior, Defendant-appellee, 891 F.2d 295 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 891 F.2d 295 (9th Cir. 1989) Submitted Nov. 1, 1989. *Decided Dec. 1, 1989

Before SNEED, KOZINSKI and THOMPSON, Circuit Judges.

MEMORANDUM^**

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).

AFFIRMED.

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

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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