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CLEGHORN v. HERRINGTON

No. 86-1914.

813 F.2d 992 (1987)

William CLEGHORN; George Lane; Erwin Dale Waler; Furl Porter; Eddy Moore; Harold Maesaka; John Fletcher; Glen Betts; Carlos Lujan; Ira Matlock; J. Wakeman, Plaintiffs-Appellants, v. John S. HERRINGTON, Secretary, United States Department of Energy; Herman E. Roser, Assistant Secretary for Defense Programs, United States Department of Energy; Ralph E. Caudle, Director of Safeguards and Security Defense Programs, United States Department of Energy; Wackenhut Services, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 27, 1987.

Attorney(s) appearing for the Case

Robert D. Vogel, Los Angeles, Cal., for plaintiffs-appellants.

Jeffrica J. Jenkins, Washington, D.C., for defendants-appellees.

Before WALLACE, NORRIS and BRUNETTI, Circuit Judges.

WALLACE, Circuit Judge:

Cleghorn and ten others (Cleghorn) appeal from a summary judgment dismissing their attack on regulations promulgated by the Department of Energy (the Department). The disputed regulations, 10 C.F.R. §§ 1046.11.13 (1986), establish minimum physical fitness requirements for armed security guards employed at United States nuclear facilities. The district court properly exercised jurisdiction pursuant to 28 U.S.C. § 1331. We have...

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