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DONALD KULINSKI Plaintiff-Appellant
vs.
MARVIN RUNYON Postmaster General United States Postal Service Defendant-Appellee.
 
Case:
No. 95-1397
 
Location:
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
 
Date:
January 30, 1996, Decided
 
Attorneys:
ARGUED: Mercedes Casado Samborsky Joppatowne Maryland for Appellant.
Joseph Lee Evans Assistant United States Counsel Baltimore Maryland for Appellee.
ON BRIEF: Lynne A. Battaglia United States Counsel Baltimore Maryland for Appellee.
 
Court:
Before NIEMEYER HAMILTON and MICHAEL Circuit Court.
 
Author:
Per Curiam:
 

Donald Kulinski a 51-year-old Vietnam war veteran with a history of schizophrenia and paranoia began working for the United States Postal Service in 1973. In 1988 he was discharged from the Postal Service for talking loudly to himself. He sued the Postal Service alleging that he had been fired because of his mental disabilities in violation of the Rehabilitation Act of 1973. Resolving their differences the parties entered into a settlement agreement that included Kulinski's reinstatement as a full-time letter carrier.

Less than a year later the Postal Service received several complaints about Kulinski's job performance and his treatment of customers. At about the same time Kulinski's supervisor observed Kulinski talking loudly to himself about a variety of subjects including mass murder and armor piercing ammunition. As a precaution Kulinski's supervisor summoned the Baltimore County Police and the United States Postal Inspectors and subsequently he ordered Kulinski to undergo a Fitness for Duty examination at the United States Postal Service medical office.

As part of this examination Kulinski provided a urine sample. The sample tested positive for morphine. Kulinski denied using drugs and demanded a retest of his sample at a different lab. The sample was re tested by the same company that tested it originally and the retest confirmed the initial positive test. Thereafter Kulinski underwent voluntary weekly drug testing and none of his later samples tested positive for any controlled substances.

The Postal Service notified Kulinski that it intended to terminate him for his illegal use of drugs and thereafter participated in negotiations with Kulinski's union in an attempt to find an alternative to termination. The Postal Service proposed several alternatives all of which would have allowed Kulinski to keep his job on the condition that he participate in the Employee Assistance Program. Kulinski rejected all offers and the Postal Service terminated his employment.

Kulinski filed this action in the district court alleging that he was discharged as a result of unlawful age discrimination and in retaliation for his having filed the first complaint under the Rehabilitation Act. The district court granted the Postal Service's motion for summary judgment and this appeal followed.

We have carefully reviewed the record in this case and considered the arguments of Counsel presented both in their briefs and at oral argument. For the reasons adequately given by the district court Kulinski v. Runyon Civil Action No. N-93-2959 (D. Md. Feb. 8 1995) we affirm.

AFFIRMED