50 Fair empl.prac.cas. 873, 51 Empl. Prac. Dec. P 39,247 Robert Weston, and All Others Similarly Situated v. Lockheed Missiles & Space Co., Dept. Of Defense

881 F.2d 814 50 Fair Empl.Prac.Cas. 873 , 51 Empl. Prac. Dec. P 39,247 Robert WESTON, and all others similarly situated, Plaintiff-Appellant, v. LOCKHEED MISSILES & SPACE CO., Defendant, Dept. of Defense, Defendant-Appellee. No. 87-1663. United States Court of Appeals, Ninth Circuit. Argued Jan. 11, 1988. Submitted April 24, 1989. Decided Aug. 8, 1989. Richard Gayer, San Francisco, Cal., for plaintiff-appellant. Freddi Lipstein, Asst. U.S. Atty., Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellee. Appeal from the United States District Court for the Northern District of California. Before NOONAN and THOMPSON, Circuit Judges, and KELLEHER, Senior District Judge. * DAVID R. THOMPSON, Circuit Judge: 1 Robert Weston appeals the district court's dismissal of his action against the Department of Defense. Weston contends the district court erred in ruling that his claims were moot and that the Department of Defense had not violated his constitutional rights. 2 We do not reach the merits of the district court's dismissal order but affirm, because Weston has failed to appeal an independent and adequate ground for the challenged order. FACTS 3 Robert Weston is an…