Gustav G. Garbers, III v. Postmaster General, United States Postal Service

53 F.3d 338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gustav G. GARBERS, III, Plaintiff-Appellant, v. POSTMASTER GENERAL, UNITED STATES POSTAL SERVICE, Defendant-Appellee. No. 94-15557. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 13, 1995. Decided April 24, 1995. Before: TANG, SCHROEDER, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Appellant Gustav Garbers III appeals the magistrate judge's judgment after a bench trial in favor of the Postmaster General. Garbers, a Baptist minister, alleges the magistrate judge erred in (1) ruling that the Postal Service was not required under Title VII to accommodate his requests to attend bi-monthly morning meetings of Baptist ministers, (2) allowing testimony at trial that the Postal Service was experiencing 12% overtime even though the Postal Service failed to disclose the exact percentage of overtime costs in its response to his interrogatories, and (3) ruling that he was not constructively…