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MUNOZ v. MABUS

No. 08-16374.

630 F.3d 856 (2010)

Ysauro R. MUNOZ, Plaintiff-Appellant, v. Raymond Edwin MABUS, Jr., Secretary, Department of the Navy, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 27, 2010.

Attorney(s) appearing for the Case

Steven M. Spiegel , Alexandria, VA, for the plaintiff-appellant.

Thomas A. Helper , Assistant United States Attorney, Honolulu, HI, for the defendant-appellee.

Before: MICHAEL DALY HAWKINS, M. MARGARET McKEOWN and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

HAWKINS, Senior Circuit Judge:

Ysauro Munoz appeals an adverse summary judgment ruling on two claims arising from a single dispute over whether a Title VII predetermination settlement agreement required the Navy to provide him a particular type of training. Munoz foremost brings a breach of contract action, over which the district court lacked subject matter jurisdiction, and we therefore vacate summary judgment on Count 1 and remand with instructions...

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