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SOCIETY FOR INDIVIDUAL RIGHTS, INC. v. HAMPTON

No. 74-1793.

528 F.2d 905 (1975)

SOCIETY FOR INDIVIDUAL RIGHTS, INC., and Donald William Hickerson, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Robert HAMPTON, Chairman, United States Civil Service Commission, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 19, 1975.

Attorney(s) appearing for the Case

David C. Moon (argued), San Francisco Neighborhood Legal Assistance, San Francisco, Cal., for plaintiffs-appellants.

Paul Blankenstein, (argued), U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before DUNIWAY and KENNEDY, Circuit Judges, and BURNS, District Judge.

OPINION

PER CURIAM:

This suit was brought to challenge the Civil Service Commission's policy of excluding all active homosexuals as unsuitable for government employment. The district court granted summary judgment for the individual plaintiff, ordering him reinstated with back pay. In addition, the court held the suit was proper as a class action under Fed.R.Civ.P. 23(b)(2), and prospectively enjoined the Commission...

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