Doe v. Lawrence Livermore National Laboratory

65 F.3d 771 103 Ed. Law Rep. 583 , 95 Cal. Daily Op. Serv. 7153 , 95 Daily Journal D.A.R. 12 ,247 John DOE, Ph.D., and all others similarly situated, Plaintiffs-Appellants, v. LAWRENCE LIVERMORE NATIONAL LABORATORY, John Nuckolls, Director, Defendants, and The Regents of the University of California, Defendant-Appellee. No. 93-16792. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 15, 1995. Decided Sept. 11, 1995. Richard Gayer, San Francisco, CA, for plaintiffs-appellants. Douglas H. Barton, Hanson, Bridgett, Marcus, Vlahos & Rudy, San Francisco, CA, for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before: CHOY, CANBY and T.G. NELSON, Circuit Judges. Opinion by Judge CHOY; Dissent by Judge CANBY. CHOY, Circuit Judge: 1 Appellant, Dr. John Doe, Ph.D. ("Doe"), on behalf of himself and all others similarly situated, appeals the district court's dismissal of his breach of contract claim against the Regents of the University of California ("University") and his Sec. 1983 claim against John Nuckolls ("Nuckolls"), director of the Lawrence Livermore National Laboratory ("Laboratory") which is…