MOW SUN WONG Et Al., Appellants, v. Robert E. HAMPTON, Chairman of the United States Civil Service Commission, Et Al., Appellees
Opinion
Opinion
Barnes, J.
On December 27, 1970, appellants, five resident aliens who immigrated to the United States from China, instituted a class action against appellees seeking in-junctive relief to prevent appellees from enforcing regulations which excluded appellants as resident aliens, from the federal competitive civil service. They also sought injunctive relief to prevent ap-pellees from denying appellants the opportunity to apply for such federal employment positions on the basis of alien-age, and a declaratory judgment declaring those portions of the regulations which automatically disqualified aliens from federal competitive civil service positions illegal and void and violative of their constitutional and statutory rights to pursue such jobs.
On August 31, 1971, the District Court denied appellants’ motion for summary judgment and granted appellees’ motion to dismiss. Mow Sun Wong v. Hampton, 333 F.Supp. 527 (N.D.Cal.1971).
This appeal is before this court pursuant to rule 4(a) Fed.R.App.P. As held by the district court, jurisdiction is predicated on 28 U.S.C. § 1331 (a) and the $10,000 matter in controversy requirement is met by each of the named class for the reasons concluded by…