MIER v. OWENS

No. 93-15923.

57 F.3d 747 (1995)

Arthur J. MIER, Plaintiff-Appellant, v. Donald L. OWENS, in his official capacity as Adjutant General of the Arizona State Army National Guard; Michael P.W. Stone, in his official capacity as Secretary of the Army, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 9, 1995.


Attorney(s) appearing for the Case

Daniel D. Maynard, Johnston, Maynard, Grant & Parker, Phoenix, AZ, for plaintiff-appellant.

Cynthia M. Parsons, Asst. U.S. Atty., Phoenix, AZ, for defendants-appellees.

Before: TANG, REINHARDT, and RYMER, Circuit Judges.


Opinion by Judge TANG; Partial Concurrence and Partial Dissent by Judge REINHARDT; Concurrence by Judge RYMER.

TANG, Senior Circuit Judge:

Arthur J. Mier appeals from a district court judgment dismissing his Title VII cause of action for lack of jurisdiction over the subject matter and for failure to state a claim upon which relief can be granted. The issue on appeal is whether a National Guard technician, whose job is a hybrid military-civilian position,...

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