Marshall v. Kleppe

637 F.2d 1217 Donald J. MARSHALL, aka Don Marshall, an Individual; DJM Productions, Inc., a Corporation, Plaintiffs-Appellants, v. Thomas KLEPPE, Administrator of the Small Business Administration, Defendant-Appellee. No. 78-1481. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 4, 1979. Decided Aug. 19, 1980. As Modified on Denial of Rehearing April 20, 1981. Neal T. Wiener, Los Angeles, Cal., for plaintiffs-appellants. Philip S. Malinsky, Asst. U. S. Atty., Los Angeles, Cal., for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before GOODWIN and WALLACE, Circuit Judges, and FITZGERALD, * District Judge. WALLACE, Circuit Judge: 1 Marshall and DJM Productions, Inc. (DJM) appeal from the district court's order granting judgment on the pleadings in favor of the Administrator of the Small Business Administration (SBA Administrator). The case involves claims of Marshall, a black, and DJM that the SBA Administrator, for racially discriminatory reasons, cancelled an SBA minority business loan authorization issued to DJM. The district court ruled that DJM's corporate causes of action were deficient because…