Miller v. Lehman

Full title: James Lee MILLER, Plaintiff-Appellant, v. John LEHMAN, Secretary of the…

Court: United States Court of Appeals, Ninth Circuit

Date published: Mar 1, 1990

896 F.2d 1370 (9th Cir. 1990)

Opinion

896 F.2d 1370 (9th Cir. 1990) James Lee MILLER, Plaintiff-Appellant, v. John LEHMAN, Secretary of the Navy, Defendant-Appellee. No. 84-2300. United States Court of Appeals, Ninth Circuit March 1, 1990

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Submitted Feb. 21, 1990.

N.D.Cal.

AFFIRMED IN PART, VACATED AND REMANDED IN PART.

Appeal from the United States District Court for the Northern District of California; Robert H. Schnacke, District Judge, Presiding.

Before CANBY, WILLIAM A. NORRIS and REINHARDT, Circuit Judges.

ORDER ^*

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

The portion of the judgment of the district court regarding Miller's claim that the doctrine of equitable estoppel bars the Navy's December 1982 attempt to discharge him is vacated and remanded for consideration in light of Watkins v. U.S. Army, 875 F.2d 699 (9th Cir.1989) (en banc). The judgment is affirmed in all other respects.

AFFIRMED IN PART, VACATED AND REMANDED IN PART.