Diana SPIRT, Plaintiff-Appellant-Cross-Appellee, and
Equal Employment Opportunity Commission, and American Association of University Professors, Intervenors-Appellees,
v.
TEACHERS INSURANCE AND ANNUITY ASSOCIATION, College Retirement Equities Fund, Long Island University, and Albert B. Lewis, Defendants-Cross-Appellants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 18, 1982.
Decided September 29, 1982.
Attorney(s) appearing for the Case
Kenneth D. Wallace, New York City, for plaintiff-appellant-cross-appellee.
William R. Glendon, New York City (Rogers & Wells, James B. Weidner, James W. Paul, Joseph A. Post, New York City, of counsel), for defendants-cross-appellants-appellees Teachers Ins. and Annuity Ass'n and College Retirement Equities Fund.
James Kearney, New York City (Webster & Sheffield, Donald J. Cohn, Miriam Lane Sparrow, New York City, Judith E. Tytel, Gen. Counsel, Long Island University, Greenvale, N.Y., of counsel), for defendant-appellee-cross-appellant Long Island University.
Neal Johnston, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of N.Y., Robert S. Hammer, Asst. Atty. Gen., New York City, of counsel), for appellee Albert B. Lewis.
William H. Ng, Atty., Washington, D. C. (Michael J. Connolly, Gen. Counsel, Philip B. Sklover, Associate Gen. Counsel, Vella M. Fink, Asst. Gen. Counsel, Washington, D. C., of counsel), for intervenor-appellee E. E. O. C.
John L. Pottenger, Jr., New Haven, Conn. (David M. Rabban, Washington, D. C., of counsel), for intervenor-appellee American Ass'n of University Professors.
Mary L. Heen, Isabelle Katz Pinzler, New York City, for American Civil Liberties Union Women's Rights Project and New York Civil Liberties Union as amici curiae.
Before NEWMAN and PIERCE, Circuit Judges, and CANNELLA, Senior District Judge.
United States Court of Appeals, Second Circuit.
PIERCE, Circuit Judge:
It is plaintiff's claim, in this action which was filed in the United States District Court for the Southern District of New York more than eight years ago, that defendants Teachers Insurance and Annuity Association ("TIAA") and College Retirement Equities Fund ("CREF") have violated the equal employment provisions of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"), by using sex-based mortality tables to calculate...
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