Jack Ybarra, Also Known as Isaias M. Ybarra, Individually and as President of the Confederacion De La Raza Unida v. City of San Jose, a Municipal Corporation v. McCarthy

503 F.2d 1041 Jack YBARRA, also known as Isaias M. Ybarra, individually and as president of the Confederacion de la Raza Unida, et al., Plaintiffs-Appellants, v. CITY OF SAN JOSE, a Municipal Corporation, et al., Defendants-Appellee.* v. McCarthy, No. 72-1912. United States Court of Appeals, Ninth Circuit. Dec. 16, 1974. Grace M. Kubota (argued), of Kubota, Manley & Newman, San Jose, Cal., for plaintiffs-appellants. Richard Marston (argued), San Jose, Cal., Norman E. Matteoni, San Jose, Cal. (argued for Santa Clara), of Santa Clara County Counsel, for defendants-appellees. Before KOELSCH, BROWNING, and CHOY, Circuit Judges. OPINION PER CURIAM: 1 It was not proper to dismiss this action on the ground stated by the district court, namely, that in view of that court's earlier ruling in Diaz v. San Jose Unified School District, No. C-71 2130 (January 11, 1971), 'plaintiffs cannot make out any showing of de jure segregation by the school board.' 1 2 The Diaz ruling was on a motion for a preliminary injunction, and was not a final determination of the issues presented, even assuming that if it were it would bind all plaintiffs in this action. And there are other difficulties. 3 The…