Dennis Lee Burman, Trustee in Bankruptcy for Noreen Bishop v. Albertson's, Inc.

981 F.2d 1257 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dennis Lee BURMAN, Trustee in Bankruptcy for Noreen Bishop, Plaintiff-Appellant, v. ALBERTSON'S, INC., Defendant-Appellee. No. 91-35716. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 6, 1992. Decided Dec. 8, 1992. 1 Before HUG and POOLE, Circuit Judges, and PRO, * District Judge. 2 MEMORANDUM ** 3 Appellant Dennis Lee Burman ("Burman"), as trustee in bankruptcy for Noreen Bishop ("Bishop"), timely appeals the district court's dismissal of Bishop's handicap discrimination action. Burman's primary argument is that the district court erred in finding that Bishop failed to prove that she was qualified for available positions with Appellee Albertson's, Inc. ("Albertson's"), as required by Dean v. Municipality of Metro. Seattle-Metro, 708 P.2d 393, 400 (Wash.1985). 4 The district court's jurisdiction was based upon diversity, pursuant to 28 U.S.C. § 1332 . We have jurisdiction pursuant…