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DOE v. LAWRENCE LIVERMORE NAT. LABORATORY

No. 93-16792.

65 F.3d 771 (1995)

John DOE, Ph.D., and all others similarly situated, Plaintiffs-Appellants, v. LAWRENCE LIVERMORE NATIONAL LABORATORY, John Nuckolls, Director, Defendants, and The Regents of the University of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1995.

Attorney(s) appearing for the Case

Richard Gayer, San Francisco, CA, for plaintiffs-appellants.

Douglas H. Barton, Hanson, Bridgett, Marcus, Vlahos & Rudy, San Francisco, CA, for defendants-appellees.

Before: CHOY, CANBY and T.G. NELSON, Circuit Judges.

Opinion by Judge CHOY; Dissent by Judge CANBY.

CHOY, Circuit Judge:

Appellant, Dr. John Doe, Ph.D. ("Doe"), on behalf of himself and all others similarly situated, appeals the district court's dismissal of his breach of contract claim against the Regents of the University of California ("University") and his § 1983 claim against John Nuckolls ("Nuckolls"), director of the Lawrence Livermore National Laboratory ("Laboratory") which is owned by the United...

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