Harrison v. Customs Service

15 F.3d 1085 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bruce G. HARRISON, Plaintiff-Appellant, v. U.S. CUSTOMS SERVICE, Department of the Treasury; Nicholas F. Brady, in his capacity as Secretary of the Treasury; United States of America, Defendant-Appellee. No. 92-17069. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1993. Decided Dec. 7, 1993. As Amended Feb. 15, 1994. Before: POOLE, WIGGINS, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * A. Discriminatory Discharge Claim 2 The district court correctly required Bruce Harrison (Harrison) to fulfill the prima facie case established by this court in Sengupta v. Morrison-Knudsen Co., 804 F.2d 1072, 1075 (9th Cir.1986). An essential element of this prima facie case is that the Service sought a replacement with qualifications similar to Harrison. Id. Harrison argues this element is illogical, but he does not offer any authority to support the application of different elements. The Supreme…