32 Fair empl.prac.cas. 135, 32 Empl. Prac. Dec. P 33,708, 13 Fed. R. Evid. Serv. 1191 Catherine M.M. Felton v. Trustees of the California State Universities and Colleges

708 F.2d 1507 32 Fair Empl.Prac.Cas. 135 , 32 Empl. Prac. Dec. P 33,708 , 13 Fed. R. Evid. Serv. 1191 Catherine M.M. FELTON, Plaintiff-Appellee, v. TRUSTEES OF the CALIFORNIA STATE UNIVERSITIES AND COLLEGES, et al., Defendants-Appellants. No. 82-4212. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 17, 1983. Decided June 24, 1983. Matthew P. Boyle, San Francisco, Cal., for plaintiff-appellee. Gail Wetzel, True & Wetzel, Oakland, Cal., for defendants-appellants. Appeal from the United States District Court for the Northern District of California. Before DUNIWAY, CHOY, and ALARCON, Circuit Judges. ALARCON, Circuit Judge: 1 The Trustees of the California State Universities and Colleges (Trustees) appeal from the decision of the district court awarding Catherine Felton (Felton) back pay, seniority, benefits and costs of her Title VII action. The Trustees also appeal the district court's order of dismissal of their counterclaim. The Trustees seek a declaration that Felton received a tenured position as the result of an arbitrator's decision which, it is alleged, is in violation of the fourteenth amendment of the federal constitution. I. 2 Felton presented…