Sellers v. Regents of University of California

432 F.2d 493 Charles SELLERS, Richard Strohman and Bruce Kirmmse, individually and as members of the Campus Draft Opposition, on behalf of themselves and others similarly situated, Appellants, v. The REGENTS OF the UNIVERSITY OF CALIFORNIA, a corporation, Appellee. No. 23581. United States Court of Appeals, Ninth Circuit. Sept. 17, 1970. Paul N. Halvonik (argued), Marshall W. Krause, A.C.L.U., San Francisco, Cal., for appellants. Donald L. Reidhaar (argued), Thomas J. Cunningham, Wm. H. McKenzie, Berkeley, Cal., for appellee. Jan Vtter, Albert M. Bendich, Berkeley, Cal., amicus curiae. Before KILKENNY and TRASK, Circuit Judges, and FERGUSON, District judge. * KILKENNY, Circuit Judge: 1 Appellants appeal from an order of the district court dismissing their complaint. Appellee is a corporation authorized, formed and existing under the Constitution of the State of California. 1 We treat the dismissal as a summary judgment under Rule 56, FRCivP. 2 The facts alleged in appellants' complaint, amended complaint and supporting affidavits are essentially undisputed. Appellants are members of a campus organization of the University of California, known as Campus Draft Opposition (CDO). On…