F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
OCT 13 1998
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
JOSEPH CELLI and FREDERICK
GENTILE,
Plaintiffs-Appellants,
No. 98-4027
v. (D.C. No. 93-CV-158)
(D. Utah)
WILLIAM SCHOELL, American
Federation of Government Employees
National Office; JOHN
STURDIVANT, National President;
DON SOLANO, 13th District National
Vice President; MIKE HURLEY;
National Representative; LOCAL 1592
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES;
HARLAN FRANCIS; JOHN SCOTT
BLANCH, President, Local 1592;
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES --
AFL-CIO,
Defendants-Appellees.
ORDER AND JUDGMENT *
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Before BRORBY, McKAY, and BRISCOE , Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore
ordered submitted without oral argument.
In 1993, plaintiffs commenced this litigation, asserting a
federal claim based on title VII of the Civil Service Reform Act of
1978, 5 U.S.C. §§ 7101-7135, its implementing Standards of Conduct
regulations, 29 C.F.R. parts 457 and 458 (1993), and the
Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C.
§§ 401-531[, as well as] state law claims of breach of contract,
negligence, intentional infliction of emotional distress, and
defamation.
Celli v. Shoell , 40 F.3d 324, 326 (10th Cir. 1994). The district court dismissed
the federal claim for lack of subject matter jurisdiction, and the remaining state
law tort claims for lack of pendent jurisdiction. See id. Although this court
affirmed the dismissal of the federal law claim, we vacated the dismissal of the
tort claims and remanded those claims, directing the district court to consider
whether there was federal enclave jurisdiction over these claims. See id. at 328.
On remand, the district court granted defendants summary judgment on these
remaining claims. Plaintiffs appeal from that decision. Reviewing the district
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court’s summary judgment decision de novo, see Vice v. Conoco, Inc. , 150 F.3d
1286, 1288 (10th Cir. 1998), we affirm.
Liberally construing their pro se appellate briefs, see Haines v. Kerner , 404
U.S. 519, 520-21 (1972), plaintiffs do not argue that the district court’s decision
granting defendants summary judgment on the tort claims was in error. Rather,
plaintiffs challenge only the district court’s previous dismissal of their federal law
claim. On remand, however, the district court properly determined that this
court’s earlier decision upholding the dismissal of the federal law claim
foreclosed plaintiffs current arguments in support of that claim. See United
States v. Alvarez , 142 F.3d 1243, 1247 (10th Cir.) (under doctrine of law of the
case, appellate court’s decision generally governs remand and any subsequent
appeals), cert. denied , 1998 WL 440606 (U.S. Oct. 5, 1998) (No. 98-5447).
The judgment of the United States District Court for the District of Utah is,
therefore, AFFIRMED. The mandate shall issue forthwith.
Entered for the Court
Wade Brorby
Circuit Judge
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