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DeSANTIS v. PACIFIC TEL. & TEL. CO., INC.

Nos. 77-1109, 77-1204 and 77-1662.

608 F.2d 327 (1979)

Robert DeSANTIS, Bernard Boyle, and all others similarly situated, Plaintiffs-Appellants, v. PACIFIC TELEPHONE AND TELEGRAPH CO., INC., a corporation, et al., Defendants-Appellees. Donald STRAILEY, Plaintiff-Appellant, v. HAPPY TIMES NURSERY SCHOOL, INC., a California Corporation, Wilda Lundborg, President and Director, and Does 1 through 10, Defendants-Appellees. Judy LUNDIN and Barbara Buckley, Plaintiffs-Appellants, v. PACIFIC TELEPHONE AND TELEGRAPH CO., INC., and the Communication Workers of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 12, 1979.

Attorney(s) appearing for the Case

Richard Gayer, San Francisco, Cal., for plaintiffs-appellants.

Harold R. Crookes, San Francisco, Cal., William H. Ng, Atty., Washington, D. C., for defendants-appellees.

Before CHOY and SNEED, Circuit Judges, and BONSAL, District Judge.

CHOY, Circuit Judge:

Male and female homosexuals brought three separate federal district court actions claiming that their employers or former employers discriminated against them in employment decisions because of their homosexuality. They alleged that such discrimination violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1985(3). The district courts dismissed the complaints as failing to state claims under either...

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