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02/14/86 Alfonza Tibbs, v. Washington Metropolitan

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


February 14, 1986

ALFONZA TIBBS, PETITIONER

v.

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, RESPONDENT 1986.CDC.41 DATE FILED: FEBRUARY 14, 1986

Before WRIGHT, BORK, and BUCKLEY, Circuit Judges.

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Rules of the District of Columbia Circuit Court of Appeals may limit citation of unpublished opinions. Please refer to the Rules of the United States Court of Appeals for this Circuit.

Petition for Review of an Order of the Benefits Review Board of the United States Department of Labor

JUDGMENT

PER CURIAM DECISION

This cause came on to be heard on a petition for review of an order of the Benefits Review Board of the United States Department of Labor and was briefed and argued by counsel. The court has fully considered the issues presented; they occasion no need for an opinion. See D.C. Cir. R. 13(c).

We find that the Board's decision is amply justified by the record. Petitioner simply failed to present evidence demonstrating unlawful discriminatory intent on the part of respondent in refusing to rehire him, as required by the Longshoremen's and Harbor Workers Compensation Act, 33 U.S.C. ยง 948a (1982). Petitioner's work record clearly reflects adequate nondiscriminatory grounds for respondent's refusal to rehire him. Because petitioner failed to carry his burden of demonstrating discriminatory animus, the Board was justified in rejecting his claim.

On consideration of the foregoing, it is ORDERED and ADJUDGED by this court that the order of the Benefits Review Board sought to be reviewed herein is hereby affirmed.

It is FURTHER ORDERED by this court, sua sponte, that the Clerk shall withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. R. 14, as amended on November 30, 1981 and June 15, 1982. This instruction to the Clerk is without prejudice to the right of any party at any time to move for expedited issuance of the mandate for good cause shown.

19860214

© 2002 VersusLaw Inc.



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