12 Fair empl.prac.cas. 208, 11 Empl. Prac. Dec. P 10,630 John F. Singer, and Other Persons Similarly Situated v. United States Civil Service Commission

530 F.2d 247 12 Fair Empl.Prac.Cas. 208 , 11 Empl. Prac. Dec. P 10,630 John F. SINGER, and other persons similarly situated, Plaintiff-Appellant, v. UNITED STATES CIVIL SERVICE COMMISSION et al., Defendants-Appellees. No. 74--2073. United States Court of Appeals, Ninth Circuit. Jan. 12, 1976. 1 Lawrence F. Baker (argued), Seattle, Wash., for plaintiff-appellant. 2 Charles Mansfield, Asst. U.S. Atty. (argued), Seattle, Wash., for defendants-appellees. OPINION 3 Before CHAMBERS and KENNEDY, Circuit Judges, and JAMESON, * District Judge. JAMESON, District Judge: 4 This is an appeal from a summary judgment of dismissal of an action brought by John F. Singer, plaintiff-appellant, against the United States Civil Service Commission and certain of its officials, defendants-appellees, seeking declaratory and injunctive relief and damages for termination of Singer's employment because of his homosexual conduct. The district court held that there was 'substantial evidence in the administrative record to support the findings and conclusions' of the Civil Service Commission. Both sides rely upon excerpts from that record, and particularly statements of the Commission and its officials.…