Dolores Raya, Plaintiff-appellant, v. Maryatt Industries Corporation; Gregory Cornell,defendants-appellees, 67 F.3d 308 (9th Cir. 1995)

Before: KOZINSKI and NOONAN, Circuit Judges, and BREWSTER^*, District Judge.

MEMORANDUM^*** 

Dolores Raya appeals the district court's grant of summary judgment for Maryatt Industries Corporation ("Maryatt") in her wrongful discharge action against Maryatt.

The district court found that Raya presented insufficient medical evidence of a physical handicap within the meaning of the California Fair Employment and Housing Act to support her handicap discrimination claim. With regard to Raya's retaliatory discharge claim, the district court found that Raya failed to state a claim under the National Labor Relations Act, 29 U.S.C. § 158; Title VII, 42 U.S.C. §§ 2000(e), et. seq.; California Labor Code Sec. 132a; or Tameny v. Atlantic Richfield Co., 27 Cal. 3d 167 (1980), for wrongful discharge in contravention of public policy. Raya timely appeals from the district court's grant of summary judgment and award of costs in favor of Maryatt.

For the reasons ably stated in the district court's Memorandum and Order of December 3, 1993, the summary judgment in favor of defendant-appellant Maryatt is AFFIRMED.

The district court's Amended Judgment of December 23, 1993 allowing Maryatt to recover costs upon remand from Raya's first appeal is AFFIRMED.