SAMUEL v. UNIVERSITY OF PITTSBURGH

No. 74-1624.

506 F.2d 355 (1974)

Cynthia Jo SAMUEL and Dena Meyers, Individually, and on behalf of all other persons similarly situated, Plaintiffs, Appellants, Patricia Farley and Cynthia Lambert, Intervening Plaintiffs, v. UNIVERSITY OF PITTSBURGH, the Pennsylvania State University, Indiana University of Pennsylvania, Temple University, and all other state and state-related universities and colleges in the Commonwealth of Pennsylvania similarly situated, Wesley Posvar, Chancellor of the University of Pittsburgh, John W. Oswald, President of the Pennsylvania State University, William W. Hassoer, President of Indiana University of Pennsylvania, Paul R. Anderson, President of Temple University, and all other chancellors and presidents of all other state and state-related universities and colleges in the Commonwealth of Pennsylvania similarly situated, the Boards of Trustees of the University of Pittsburgh, the Pennsylvania State University, Indiana University of Pennsylvania, Temple University, and the Boards of Trustees of all other state and state-related universities and colleges in the Commonwealth of Pennsylvania similarly situated, William H. Rea, Chairman of the Board of Trustees of the University of Pittsburgh and all other persons on the Board of Trustees of the University of Pittsburgh, Albert Shoemaker, Chairman of the Board of Trustees of the Pennsylvania State University and all other persons on the Board of Trustees of the Pennsylvania State University, and all other persons on the Board of Trustees of the Pennsylvania State University, Joseph W. Serene, Chairman of the Board of Trustees of Indiana University of Pennsylvania and all other persons on the Board of Trustees of Indiana University of Pennsylvania, William R. Spofford, Chairman of the Board of Trustees of Temple University and all other persons on the Board of Trustees of Temple University and all other Chairmen and all other persons on the Boards of Trustees of all other state and state-related universities and colleges in the Commonwealth of Pennsylvania similarly situated, R. V. Allshouse, Registrar of the University of Pittsburgh, and all other registrars or persons holding similar positions in all other state and state-related universities and colleges in the Commonwealth of Pennsylvania similarly situated, Frederick Sehring, Assistant Registrar of the University of Pittsburgh, and all other assistant registrars or persons holding similar positions in all other state and state-related universities and colleges in the Commonwealth of Pennsylvania similarly situated, Milton J. Shapp, Governor of the Commonwealth of Pennsylvania, J. Shane Creamer, Attorney General of the Commonwealth of Pennsylvania, Robert P. Casey, Auditor General of the Commonwealth of Pennsylvania, and each and every named Defendant and each and every Defendant subject to jurisdiction by representation, Individually and in their official capacity.

United States Court of Appeals, Third Circuit.

Decided December 26, 1974.


Attorney(s) appearing for the Case

Michael P. Malakoff, Berger & Kapetan, Pittsburgh, Pa., for appellants.

James M. Arensberg, Tucker, Arensberg & Ferguson, Pittsburgh, Pa., for University of Pittsburgh, Wesley W. Posvar, R. V. Allshouse and Frederick Sehring, appellees.

Peter Platten and Richard Z. Freemann, Jr., Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for Temple University, appellee.

Delbert J. McQuaide and John C. Gilliland II, McQuaide, Blasko & Brown, State College, Pa., for The Pennsylvania State University, appellee.

Israel Packel and Thomas F. Halloran, Pittsburgh, Pa., for the Governor and the Atty. Gen. of the Commonwealth of Pennsylvania, appellees.

Robert P. Meehan and Frank P. Lawley, Jr., Harrisburg, Pa., for Auditor Gen. Robert P. Casey, appellee.

Before VAN DUSEN, HUNTER and GARTH, Circuit Judges.


OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This is an appeal by the plaintiffs, two married, female graduate students at the University of Pittsburgh,1 who also represent all married female students who since 1967 have attended any of the three defendant universities and who were classified as out-of-state students for tuition purposes on the basis of Rule B(2) of the Auditor General...

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