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

Nos. 86-1894, 86-2843.

844 F.2d 714 (1988)

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

United States Court of Appeals, Tenth Circuit.

April 7, 1988.


Attorney(s) appearing for the Case

Joseph E. Earnest of Montgomery & Andrews, Santa Fe, N.M. (Laurie A. Vogel of Cherpelis & Associates, Albuquerque, N.M., with him on the briefs), for defendants-appellants.

Steven G. Farber, Santa Fe, N.M. (Richard Rosenstock, Chama, N.M., and Philip Davis, Albuquerque, N.M., with him on the briefs), for plaintiff-appellee.

Before LOGAN, MOORE and TACHA, Circuit Judges.


LOGAN, Circuit Judge.

Alfredo DeVargas has vision in only one eye. In 1981 and again in 1983 he applied to be a security inspector with defendant Mason & Hanger-Silas Mason Co., Inc. (Mason & Hanger). Mason & Hanger, a private corporation, provides security inspectors for the Los Alamos National Laboratory (LANL) in Los Alamos, New Mexico, pursuant to a subcontract with the Regents of the University of California (Regents).

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