John Doe, M.D., by Curtis Lavery, of His Estate v. Attorney General of the United States

62 F.3d 1424 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John DOE, M.D., by Curtis LAVERY, Executor of his Estate, Plaintiff-Appellant, v. ATTORNEY GENERAL of the UNITED STATES, et al., Defendants-Appellees. No. 93-15253. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1994. Opinion Withdrawn Jan. 17, 1995. Opinion Filed Jan. 18, 1995. Opinion Withdrawn June 28, 1995. Decided June 30, 1995. Before: WALLACE, Chief Judge; O'SCANNLAIN, Circuit Judge; and KELLEHER, * District Judge. MEMORANDUM ** * Dr. Doe, who died in 1992, was a medical doctor and director of a health facility which contracted to perform physical examinations for agents of the Federal Bureau of Investigation ("FBI"). In 1988, the FBI was told by an unnamed source that Dr. Doe had Kaposi's Sarcoma, a malignancy often associated with Acquired Immune Deficiency Syndrome ("AIDS"). The FBI asked Dr. Doe and the facility if Dr. Doe had AIDS. Dr. Doe and the facility would not…