3 Fair empl.prac.cas. 519, 3 Empl. Prac. Dec. P 8187 Ronald Earle Martin v. Pacific Northwest Bell Telephone Company, a Washington Corporation,defendant-Appellee

441 F.2d 1116 3 Fair Empl.Prac.Cas. 519 , 3 Empl. Prac. Dec. P 8187 Ronald Earle MARTIN, Plaintiff-Appellant, v. PACIFIC NORTHWEST BELL TELEPHONE COMPANY, a Washington corporation,Defendant-Appellee. No. 26073. United States Court of Appeals, Ninth Circuit. April 27, 1971. George M. Joseph (argued), of Morrison & Bailey, Portland, Or., for plaintiff-appellant. Cleveland C. Cory (argued), of Davies, Biggs, Strayer, Stoel & Boley, Portland, Or., for defendant-appellee. Before KOELSCH, CARTER and WRIGHT, Circuit Judges. PER CURIAM: 1 The principal question on this appeal is whether the well pleaded allegations in plaintiff's proposed amended complaint show that defendant, in discharging plaintiff from its employment, was acting 'under color of' state authority, within the meaning of 42 U.S.C. 1983. 1 2 Plaintiff, a long time employee of defendant Pacific Bell Telephone, was fired when he refused to work on Saturdays, following his baptizm as a Seventh Day Adventist. A tenet of that Church forbids members to engage in gainful employment on Saturdays. Invoking the Civil Rights Act of 1871, plaintiff brought this action against Pacific Bell seeking reinstatement to his job, an…