16 Fair empl.prac.cas. 188, 15 Empl. Prac. Dec. P 7952 Eulalio Frausto and Peter L. Smith, Individually and on Behalf of All Others Similarly Situated v. Legal Aid Society of San Diego, Inc., Defenders Program of San Diego, Inc., Gregory E. Knoll and Stanley Conant

563 F.2d 1324 16 Fair Empl.Prac.Cas. 188 , 15 Empl. Prac. Dec. P 7952 Eulalio FRAUSTO and Peter L. Smith, Individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. LEGAL AID SOCIETY OF SAN DIEGO, INC., Defenders Program of San Diego, Inc., Gregory E. Knoll and Stanley Conant, Defendant-Appellee. No. 77-1182. United States Court of Appeals, Ninth Circuit. Nov. 1, 1977. Sergio Luis Lopez, San Diego, Cal., for plaintiff-appellant. Luce, Forward, Hamilton & Scripps, Walter J. Cummings, III, San Diego, Cal., for defendant-appellee. Appeal from the United States District Court for the Southern District of California. Before TRASK, WALLACE and ANDERSON, Circuit Judges. J. BLAINE ANDERSON, Circuit Judge: 1 In this Title VII employment discrimination case, appellant Frausto 1 alleged that he was not hired by Stanley Conant (Conant), who was the Executive Director of Defenders Program of San Diego, Inc., (Defenders) because he was a Mexican-American. The issues were tried before the court, sitting without a jury. At the end of plaintiff's case-in-chief, the court granted defendants' motion for involuntary dismissal under Fed.R.Civ.Proc. 41(b). The court ruled…