Deveraturda

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

VIRGIL DEVERATURDA; BERNARD 

SAPITALO; SHIRLEY SAMPAYAN;

MARIA LILLIBETH EDANO, No. 04-16633 Plaintiffs-Appellants, v.  D.C. No.

CV-03-03887-JW

GLOBE AVIATION SECURITY OPINION

SERVICES,

Defendant-Appellee.  Appeal from the United States District Court for the Northern District of California James Ware, District Judge, Presiding

Argued and Submitted June 14, 2006—San Francisco, California

Filed July 24, 2006

Before: Pamela Ann Rymer and Thomas G. Nelson, Circuit Judges, and Samuel P. King,* District Judge.

Opinion by Judge Rymer

*The Honorable Samuel P. King, Senior United States District Judge for the District of Hawaii, sitting by designation. COUNSEL

G. Scott Emblidge, Moscone Emblidge & Quadra, San Fran- cisco, California, for the plaintiffs-appellants.

Samuel T. McAdam, Seyfarth Shaw, Sacramento, California, for the defendant-appellee. 8172 DEVERATURDA v. GLOBE AVIATION SECURITY SERVICES

OPINION

RYMER, Circuit Judge:

This appeal presents the novel question whether the…