BLUE v. WIDNALL

No. 97-15107.

152 F.3d 1149 (1998)

John W. BLUE, Plaintiff-Appellant, v. Sheila WIDNALL, officially as Secretary of the Air Force, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 14, 1998.


Attorney(s) appearing for the Case

William Tagupa, Honolulu, Hawaii, plaintiff-appellant.

R. Michael Burke, Assistant United States Attorney, Honolulu, Hawaii, for defendant-appellee.

Before: BROWNING, BRUNETTI, and RYMER, Circuit Judges.


BRUNETTI, Circuit Judge:

John Blue, an African-American male and disabled veteran, applied for a civilian intelligence position with the Air Force and was not selected. The district court dismissed Counts II, III, and IV of Blue's complaint, which alleged violations of veteran's preference and merit system principles in the selection process, on the grounds that the court lacked subject matter jurisdiction due to Blue's failure to point to a waiver of sovereign immunity...

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