19 Fair empl.prac.cas. 408, 20 Empl. Prac. Dec. P 30,193 United States of America v. Fresno Unified School District, Arnold Finch, Superintendent, John Toomasian, Keith Chun, Robert Arroyo, H. M. Ginsburg, Nancy Richardson, Members of the Board of Education of the Fresno Unified School District

592 F.2d 1088 19 Fair Empl.Prac.Cas. 408 , 20 Empl. Prac. Dec. P 30,193 UNITED STATES of America, Plaintiff-Appellant, v. FRESNO UNIFIED SCHOOL DISTRICT, Arnold Finch, Superintendent, John Toomasian, Keith Chun, Robert Arroyo, H. M. Ginsburg, Nancy Richardson, Members of the Board of Education of the Fresno Unified School District, Defendants-Appellees. No. 76-2539. United States Court of Appeals, Ninth Circuit. March 12, 1979. Walter W. Barnett, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellant. Robert M. Wash, County Counsel, Thomas J. Riggs (argued), Fresno, Cal., for defendants-appellees. On Appeal from the United States District Court for the Eastern District of California. Before WRIGHT and KILKENNY, Circuit Judges, and GRAY, * District Judge. EUGENE A. WRIGHT, Circuit Judge: 1 In December 1975 the United States, through the Attorney General, filed a complaint alleging a pattern and practice of discrimination against women by the Fresno Unified School District (School District) in its appointment and promotion procedures for administrative and supervisory positions. The district court dismissed the complaint under Fed.R.Civ.P. 12(b) for lack of jurisdiction…