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CHASTANG v. FLYNN & EMRICH CO.

Nos. 74-2171 to 74-2174.

541 F.2d 1040 (1976)

Vincent R. CHASTANG, Appellee, v. FLYNN AND EMRICH COMPANY et al., Appellants, The Equitable Trust Company, Defendant. Vincent R. CHASTANG, Appellant, v. FLYNN AND EMRICH COMPANY et al., Appellees. Frank UGIANSKY, Appellee, v. FLYNN AND EMRICH COMPANY et al., Appellants, The Equitable Trust Company, Defendant. Frank UGIANSKY, Appellant, v. FLYNN AND EMRICH COMPANY et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 10, 1976.

Attorney(s) appearing for the Case

David S. Cordish, Baltimore, Md. (Cordish & Cordish, Baltimore, Md., on brief) for Flynn & Emrich Co. et al.

Harry Goldman, Jr., Baltimore, Md., for Chastang and Ugiansky.

Ramon V. Gomez, Atty., E. E. O. C., Washington, D. C. (Abner V. Sibal, Gen. Counsel, Joseph T. Eddins, Associate Gen. Counsel, Beatrice Rosenberg, Charles L. Reischel and Lutz Alexander Prager, Attys., E. E. O. C., Washington, D. C., on brief), for amicus curiae.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and WINTER, Circuit Judge.

WINTER, Circuit Judge:

Alleging that a profit sharing and retirement plan which provided differing benefits to male and female participants illegally discriminated on the basis of sex, Vincent R. Chastang and Frank Ugiansky brought suit against their employer, Flynn & Emrich Company (Company), the individuals comprising the members of the Profit Sharing Trust Committee (the Committee), and the corporate trustee under the plan, The Equitable Trust Company (Equitable...

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