Ralph Maxim v. John Dalton, Secretary, United States Navy

Good Law
48 F.3d 1228·1995 WL 72411·1995 U.S. App. LEXIS 21824
United States Court of Appeals for the Ninth CircuitFebruary 22, 199594-55909California869 words

Opinion

Opinion

48 F.3d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ralph MAXIM, Plaintiff-Appellant, v. John DALTON, Secretary, United States Navy, Defendant-Appellee. No. 94-55909. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 22, 1995. Before: SCHROEDER, CANBY and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Ralph Maxim appeals the district court's dismissal based on res judicata of Maxim's action against his former employer, the Department of the Navy ("Navy"), alleging constructive discharge based on handicap discrimination in violation of Section 501(b) of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794 . We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review de novo, Robi v. Five Platters, Inc., 838 F.2d 318, 321 (9th Cir.1988), and we affirm. 3 The doctrine of res judicata bars a party from bringing a claim if a court of competent jurisdiction has rendered a final judgment on the merits of the claim in a previous action…

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