DeVARGAS v. MASON & HANGER-SILAS MASON CO., INC.

No. 89-2061.

911 F.2d 1377 (1990)

Alfredo DeVARGAS, Plaintiff-Appellant, v. MASON & HANGER-SILAS MASON CO., INC.; T.R. Hook, individually and in his official capacity; Don Hardwick, individually and in his official capacity; John Does, One through Three, individually and in their official capacities; Los Alamos National Laboratory; Gary Granere, Acting Area Manager-Department of Energy Los Alamos Area Office; Regents of University of California; Donald Kerr, Director, Los Alamos National Laboratory; The United States Department of Energy; Robert Pogna, Employee Los Alamos National Laboratory; Ed C. Walterscheid, Employee Los Alamos National Laboratory; Donald Paul Hodel, Secretary of Department of Energy; and Richard Roes, One through Two, Individually and in their official capacities; and John S. Herrington, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 9, 1990.


Attorney(s) appearing for the Case

Richard Rosenstock (Steven Farber, Santa Fe, N.M., and Philip Davis, Legal Director, New Mexico Civ. Liberties Union, Albuquerque, N.M., of counsel, with him on the briefs), Chama, N.M., for plaintiff-appellant.

Michael E. Robinson (Stuart E. Schiffer, Acting Asst. Atty. Gen., William L. Lutz, U.S. Atty., and John F. Cordes, with him on the brief), Appellate Staff Civ. Div., Dept. of Justice, Washington, D.C., for federal defendants-appellees.

Joseph E. Earnest (Laurie A. Vogel, of Cherpelis, Vogel & Salazar, of Albuquerque, N.M., with him on the brief), Montgomery & Andrews, P.A., Santa Fe, New Mexico, for defendants-appellees the University and Mason & Hanger.

Before TACHA and McWilliams, Circuit Judges, and CHRISTENSEN, District Judge.


TACHA, Circuit Judge.

This civil rights action arises from the refusal of Mason & Hanger-Silas Mason Company, Inc. ("Mason & Hanger") to consider Alfredo DeVargas for a position as a security inspector at the Los Alamos National Laboratory ("LANL") in Los Alamos, New Mexico. The district court granted the defendants' motion for summary judgment, and DeVargas appeals. We affirm.

I.

DeVargas applied for a security inspector position with Mason...

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