The following excerpt is from Tovar v. U.S. Postal Service, 3 F.3d 1271 (9th Cir. 1993):
Recognizing the weakness inherent in its approach, the majority then falls back on the teachings of Anderson v. Hodel, 899 F.2d 766 (9th Cir.1990), as an alternative holding. This is effectively a remand to let Tovar find some more evidence showing that the regulation is inefficient.
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