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REYNOLDS METALS CO. v. RUMSFELD

Nos. 76-2124-76-2126.

564 F.2d 663 (1977)

REYNOLDS METALS COMPANY, Appellant, v. Donald H. RUMSFELD, Secretary, U. S. Department of Defense, W. J. Usery, Secretary, U. S. Department of Labor, Lawrence Z. Lorber, Director, Office of Federal Contract Compliance Programs, Lt. General Woodrow W. Vaughan, Director, Defense Supply Agency, and Equal Employment Opportunity Commission, Ethel Bent Walsh, Acting Chairman, Appellees. REYNOLDS METALS COMPANY, Appellee, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Ethel Bent Walsh, Acting Chairman, Appellant, and Donald H. Rumsfeld, Secretary, U. S. Department of Defense, W. J. Usery, Secretary, U. S. Department of Labor, Lawrence Z. Lorber, Director, Office of Federal Contract Compliance Programs, Lt. General Woodrow W. Vaughan, Director, Defense Supply Agency, Defendants. REYNOLDS METALS COMPANY, Appellee, v. Donald H. RUMSFELD, Secretary, U. S. Department of Defense, W. J. Usery, Secretary, U. S. Department of Labor, Lawrence Z. Lorber, Director, Office of Federal Contract Compliance Programs, Lt. General Woodrow W. Vaughan, Director, Defense Supply Agency, Appellants, and Equal Employment Opportunity Commission, Ethel Bent Walsh, Acting Chairman, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided October 14, 1977.

Attorney(s) appearing for the Case

Burt A. Braverman, Washington, D. C. (Frances J. Chetwynd, Cole, Zylstra & Raywid, Washington, D. C., Austin B. Graff, Labor Atty., on brief, Richmond, Va.), for appellant in 76-2124 and for appellee in 76-2125 and 76-2126.

John D. Schmelzer, Atty., E.E.O.C., Washington, D. C. (Alfred G. Albert, Acting Solicitor of Labor, James D. Henry, Associate Solicitor of Labor, David A. Drachsler, Counsel for Equal Opportunity Programs, Dept. of Labor, Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, Beatrice Rosenberg, Asst. Gen. Counsel, E.E.O.C., Washington, D. C., on brief), for appellees in 76-2124 and for appellants in 76-2125 and 76-2126.

Before LEONARD P. MOORE, Senior Circuit Judge, Second Circuit, sitting by designation, and BUTZNER and HALL, Circuit Judges.

BUTZNER, Circuit Judge:

This appeal and cross appeal arise from the district court's grant of summary judgment in a case brought by Reynolds Metals Company seeking declaratory and injunctive relief from operation of a 1974 Memorandum of Understanding between the Equal Employment Opportunity Commission and the Department of Labor's Office of Federal Contract Compliance Programs (compliance office). The district court upheld the validity of paragraphs 1, 2, 8, and 9...

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