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ESLINGER v. THOMAS

No. 72-1542.

476 F.2d 225 (1973)

Victoria Lamonte ESLINGER, for herself and for all other women similarly situated, Appellants, v. Lovick Oliphant THOMAS, as Clerk of the Senate of South Carolina, Erie Elias Morris, Jr., as President ex officio of the Senate of South Carolina, and as a representative of the Senators of South Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 28, 1973.

Attorney(s) appearing for the Case

Laughlin McDonald, Columbia, S. C. (Charles Morgan, Jr., Norman Siegel, Emily Carssow, Morris Brown and Neil Bradley, Atlanta, Ga., on brief), for appellants.

Randall T. Bell, Asst. Atty. Gen., and E. N. Zeigler, Florence, S. C. (Daniel R. McLeod, Atty. Gen., Hubbard W. McDonald, Jr., Asst. Atty. Gen. of South Carolina, and Paul M. Moore, Spartanburg, S. C., on brief), for appellees.

Before WINTER, CRAVEN and FIELD, Circuit Judges.

WINTER, Circuit Judge:

Victoria Lamonte Eslinger sued for herself and other women similarly situated, alleging that she had been denied temporary employment as a page in the South Carolina Senate solely because of her sex.1 She prayed declaratory and injunctive relief on behalf of all temporary and permanent employees, as well as damages. The district court found as a fact that there was no discrimination on the basis of sex with regard...

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