Joan Smith v. Horizon Air, a Washington Corporation B. Stephen Fortenberry Jane Doe Fortenberry

996 F.2d 1227 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joan SMITH, Plaintiff-Appellant, v. HORIZON AIR, a Washington corporation; B. Stephen Fortenberry; Jane Doe Fortenberry, Defendants-Appellees. No. 92-36559. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided July 1, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Joan Smith appeals the district court's denial of her Federal Rule of Civil Procedure 60(b) motion to vacate the district court's August 3, 1989 judgment dismissing Smith's 42 U.S.C. § 1981 action. In that action, Smith alleged that defendants terminated her employment with Horizon Air on the basis of race. We review for abuse of discretion, Transgo, Inc. v. Ajac Transmission Parts Corp., 911 F.2d 363, 365 (9th Cir.1990), and we affirm. 3 In its August 3, 1989 judgment, the district court held that section 1981 does not permit a cause of action for discriminatory termination of…