30 Fair empl.prac.cas. 1705, 31 Empl. Prac. Dec. P 33,328 Albert A. Gomez, Individually and on Behalf of All Others Similarly Situated v. Alexian Brothers Hospital of San Jose Edmond T. Doyle, President, Individually and in His Official Capacity and Alexian Brothers of America

698 F.2d 1019 30 Fair Empl.Prac.Cas. 1705 , 31 Empl. Prac. Dec. P 33,328 Albert A. GOMEZ, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. ALEXIAN BROTHERS HOSPITAL OF SAN JOSE; Edmond T. Doyle, President, individually and in his official capacity; and Alexian Brothers of America, Defendants-Appellees. No. 80-4391. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 13, 1982. Decided Feb. 9, 1983. Sidney C. Flores, San Jose, Cal., Susan Reilly, Washington, D.C., for plaintiff-appellant. Miriam Gerber, John M. Ottoboni, Ruffo & McNeil, San Jose, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before BROWNING, Chief Judge, SKOPIL and NORRIS, Circuit Judges. PER CURIAM: 1 This action was brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e, and under 42 U.S.C. Secs. 1981 and 1985(3) to recover damages and secure injunctive and declaratory relief for the rejection on racial grounds of a contract proposal to operate the emergency room of defendant hospital. Plaintiff appeals from summary judgment dismissing his claims. We reverse.…