No. 87-1663.

881 F.2d 814 (1989)

Robert WESTON, and all others similarly situated, Plaintiff-Appellant, v. LOCKHEED MISSILES & SPACE CO., Defendant, Dept. of Defense, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted April 24, 1989.

Decided August 8, 1989.

Attorney(s) appearing for the Case

Richard Gayer, San Francisco, Cal., for plaintiff-appellant.

Freddi Lipstein, Asst. U.S. Atty., Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before NOONAN and THOMPSON, Circuit Judges, and KELLEHER, Senior District Judge.

DAVID R. THOMPSON, Circuit Judge:

Robert Weston appeals the district court's dismissal of his action against the Department of Defense. Weston contends the district court erred in ruling that his claims were moot and that the Department of Defense had not violated his constitutional rights.

We do not reach the merits of the district court's dismissal order but affirm, because Weston has failed to appeal an independent

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