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UNITED STATES v. FRESNO UNIFIED SCHOOL DIST.

No. 76-2539.

592 F.2d 1088 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. FRESNO UNIFIED SCHOOL DISTRICT, Arnold Finch, Superintendent, John Toomasian, Keith Chun, Robert Arroyo, H. M. Ginsburg, Nancy Richardson, Members of the Board of Education of the Fresno Unified School District, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 12, 1979.

Attorney(s) appearing for the Case

Walter W. Barnett, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Robert M. Wash, County Counsel, Thomas J. Riggs (argued), Fresno, Cal., for defendants-appellees.

Before WRIGHT and KILKENNY, Circuit Judges, and GRAY, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

In December 1975 the United States, through the Attorney General, filed a complaint alleging a pattern and practice of discrimination against women by the Fresno Unified School District (School District) in its appointment and promotion procedures for administrative and supervisory positions. The district court dismissed the complaint under Fed.R.Civ.P. 12(b) for lack of jurisdiction and failure to state a claim, holding that the 1972...

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