Fred Lemnitzer and Ken Green v. Philippine Airlines, Inc.

52 F.3d 333 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Fred LEMNITZER and Ken Green, Plaintiffs-Appellants, v. PHILIPPINE AIRLINES, INC., Defendant-Appellee. No. 92-17073. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 15, 1995. Decided April 18, 1995. IN PART, REVERSED AND REMANDED IN PART. Before: POOLE, CANBY, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Fred Lemnitzer and Ken Green appeal the district court's summary judgment in favor of their former employer Philippine Airlines, Inc. (PAL) in their employment discrimination action alleging national origin discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. Secs. 2000e to 2000e-17 and a pendent California state-law claim based upon PAL's policy of giving preference to Philippine citizens in job placement. Appellants contend that the district court erred by: (1) concluding that the Air Transport Agreement (ATA) between the United States and the Philippines…