Alton Hornback v. United States

91 F.3d 152 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alton HORNBACK, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 95-56435. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1996. * Decided June 28, 1996. Before: NOONAN, LEAVY, and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 Alton Hornback appeals pro se the district court's dismissal of his action against the United States for lack of subject matter jurisdiction. Hornback alleged that the Radome error compensator, which he invented while employed by McDonnell Douglas Astronautics, was subject to a taking requiring compensation under the Fifth Amendment when the Department of the Air Force classified his invention as secret and the Patents and Trademark Office imposed a secrecy order on his patent application. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 Hornback contends that the district court erred in determining that it lacked jurisdiction…