27 Fair empl.prac.cas. 1463, 27 Empl. Prac. Dec. P 32,397 Alvin C. Wilson v. State of Nevada State of Nevada Department of Motor Vehicles and Nevada State Personnel Division

666 F.2d 378 27 Fair Empl.Prac.Cas. 1463 , 27 Empl. Prac. Dec. P 32,397 Alvin C. WILSON, Plaintiff-Appellant, v. STATE OF NEVADA; State of Nevada Department of Motor Vehicles; and Nevada State Personnel Division, Defendants-Appellees. No. 80-5568. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1981. Withdrawn from Submission Nov. 23, 1981. Resubmitted Dec. 4, 1981. Decided Jan. 22, 1982. Nripendra N. Singh, Johnnie B. Rawlinson, North Las Vegas, Nev., for plaintiff-appellant. Robert Ulrich, Carson City, Nev., Larry B. Bernard, Las Vegas, Nev., for defendants-appellees. Appeal from the United States District Court for the District of Nevada. Before CHOY and ANDERSON, Circuit Judges, and KEEP, * District Judge. J. BLAINE ANDERSON, Circuit Judge: I. FACTS 1 On July 23, 1974, appellant Wilson applied for the job of Motor Carrier Field Agent with the Nevada State Personnel Division, an agency of the State of Nevada. Wilson's application was rejected on September 3, 1974, for his failure to meet the high school education requirement. Other "personnel requirements" were not evaluated at that time. After exhausting his remedies with the Equal Employment Opportunity…