Mier v. Owens

57 F.3d 747 68 Fair Empl.Prac.Cas. (BNA) 119 , 64 USLW 2046 Arthur J. MIER, Plaintiff-Appellant, v. Donald L. OWENS, in his official capacity as Adjutant General of the Arizona State Army National Guard; Michael P.W. Stone, in his official capacity as Secretary of the Army, Defendants-Appellees. No. 93-15923. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1994. Decided June 9, 1995. Daniel D. Maynard, Johnston, Maynard, Grant & Parker, Phoenix, AZ, for plaintiff-appellant. Cynthia M. Parsons, Asst. U.S. Atty., Phoenix, AZ, for defendants-appellees. Appeal from the United States District Court for the District of Arizona. Before: TANG, REINHARDT, and RYMER, Circuit Judges. Opinion by Judge TANG; Partial Concurrence and Partial Dissent by Judge REINHARDT; Concurrence by Judge RYMER. TANG, Senior Circuit Judge: 1 Arthur J. Mier appeals from a district court judgment dismissing his Title VII cause of action for lack of jurisdiction over the subject matter and for failure to state a claim upon which relief can be granted. The issue on appeal is whether a National Guard technician, whose job is a hybrid military-civilian position, can maintain a Title…