Jerry Gilliam v. Richard W. Miller United States of America, by and Through the National Guard Bureau, Jerry Gilmer v. Carol J. Brown, and Richard W. Miller United States of America

973 F.2d 760 Jerry GILLIAM, Plaintiff-Appellant, v. Richard W. MILLER; United States of America, by and through the National Guard Bureau, Defendants-Appellees. Jerry GILMER, Plaintiff-Appellant, v. Carol J. BROWN, Defendant, and Richard W. Miller; United States of America, Defendants-Appellees. Nos. 91-35085, 91-35115. United States Court of Appeals, Ninth Circuit. Submitted July 10, 1992 * . Decided Aug. 21, 1992. Stephen Simms, Portland, Or., for plaintiff-appellant. Judith D. Kobbervig, Asst. U.S. Atty., Portland, Or., for defendant federal appellees. Cynthia A. Forbes, Asst. Atty. Gen., Salem, Or., for defendant state appellees. Appeal from the United States District Court for the District of Oregon. Before: TANG, FERGUSON and THOMPSON, Circuit Judges. TANG, Circuit Judge: 1 Jerry Gilmer and Jerry Gilliam, former members of the Oregon Army National Guard ("ORARNG"), appeal the dismissal of their complaints under the federal Administrative Procedures Act ("APA"). Gilmer and Gilliam claim that the Oregon Adjutant General ("OAG") acted as a federal agency when he dismissed them from ORARNG for violation of federal Army weight control standards, which Oregon law makes applicable…