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GOMEZ v. ALEXIAN BROS. HOSP. OF SAN JOSE

No. 80-4391.

698 F.2d 1019 (1983)

Albert A. GOMEZ, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. ALEXIAN BROTHERS HOSPITAL OF SAN JOSE; Edmond T. Doyle, President, individually and in his official capacity; and Alexian Brothers of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 9, 1983.

Attorney(s) appearing for the Case

Sidney C. Flores, San Jose, Cal., Susan Reilly, Washington, D.C., for plaintiff-appellant.

Miriam Gerber, John M. Ottoboni, Ruffo & McNeil, San Jose, Cal., for defendants-appellees.

Before BROWNING, Chief Judge, SKOPIL and NORRIS, Circuit Judges.

PER CURIAM:

This action was brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and under 42 U.S.C. §§ 1981 and 1985(3) to recover damages and secure injunctive and declaratory relief for the rejection on racial grounds of a contract proposal to operate the emergency room of defendant hospital. Plaintiff appeals from summary judgment dismissing his claims. We reverse.

I.

Plaintiff, a United States citizen of...

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