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FAULKNER v. JONES

No. 93-2030.

10 F.3d 226 (1993)

Shannon Richey FAULKNER, individually and on behalf of all others similarly situated; United States of America, Plaintiffs-Appellees, v. James E. JONES, Jr., Chairman, Board of Visitors of The Citadel, the Military College of South Carolina; Carroll A. Campbell, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; T. Easton Marchant, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Barbara S. Nielsen, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; William F. Prioleau, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; William E. Jenkinson, III, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Leonard C. Fulghum, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; James M. Leland, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; John A. McAllister, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Davis S. Boyd, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Julian G. Frasier, III, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Larry J. Ferguson, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Steve D. Peper, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Wallace I. West, Jr., Director of Admissions and Recruiting at The Citadel, the Military College of South Carolina; Claudius E. Watts, III, President of The Citadel, the Military College of South Carolina; State of South Carolina; The Citadel, the Military College of South Carolina; The Board of Visitors of the Citadel, the Military College of South Carolina, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided November 17, 1993.

Attorney(s) appearing for the Case

Morris Dawes Cooke, Jr., Barnwell, Whaley, Patterson & Helms, Charleston, SC, Griffin Boyette Bell, King & Spalding, Atlanta, GA, Robert Holmes Hood, Hood Law Firm, Charleston, SC, argued (William A. Clineburg, Jr., King & Spalding, Atlanta, GA, Robert H. Patterson, Jr., William G. Broaddus, Anne Marie Whittemore, Frank B. Atkinson, McGuire, Woods, Battle & Boothe, Richmond, VA, on brief), for defendants-appellants.

Valorie Kay Vojdik, Shearman & Sterling, New York City, David Kevin Flynn, Civ. Rights Div., U.S. Dept. of Justice, Washington, DC (Jonathan L. Greenblatt, Henry Weisburg, Shearman & Sterling, New York City, James P. Turner, Acting Asst. Atty. Gen., Thomas E. Chandler, U.S. Dept. of Justice, Washington, DC, Isabelle Katz Pinzler, Sara L. Mandelbaum, Women's Rights Project, Am. Civ. Liberties Union Foundation, New York City, Suzanne E. Coe, Silver & Coe, Greenville, SC, Robert R. Black, Charleston, SC, Stephen J. Henry, Taylor, Stephenson & Henry, Greenville, SC, on brief), for plaintiffs-appellees.

Before HALL, NIEMEYER, and HAMILTON, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

Shannon R. Faulkner was conditionally admitted to The Citadel, a South Carolina state military college, to begin classes in the fall of 1993. When her female gender was discovered, however, The Citadel withdrew its acceptance in accordance with its 150-year-old policy of admitting only males. Faulkner then filed this suit to compel her admission, contending that the college's policy of excluding

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