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USERY v. COLUMBIA UNIVERSITY

No. 398, Docket 76-6071.

568 F.2d 953 (1977)

W. J. USERY, Jr., Secretary of Labor, Plaintiff-Appellant, v. COLUMBIA UNIVERSITY, and William J. McGill, Individually and as President of Columbia University, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 4, 1977.

Attorney(s) appearing for the Case

Carin Ann Clauss, Associate Solicitor, Dept. of Labor, Washington, D. C. (William J. Kilberg, Solicitor of Labor, Melanie Franco Nussdorf, Atty., Dept. of Labor, Washington, D. C., and Francis V. LaRuffa, Regional Solicitor, Dept. of Labor, New York City, on the brief), for plaintiff-appellant.

Robert S. Stitt, New York City (Anthony Limitone, Jr., Raymond L. Vandenberg, and Thacher, Proffitt & Wood, New York City, on the brief), for defendants-appellees.

Before MOORE, OAKES and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal from a judgment entered after a bench trial in the Southern District of New York, Richard Owen, District Judge, 407 F.Supp. 1370, the essential question presented is whether the work performed respectively by the heavy and light cleaners employed by Columbia University is "equal" within the meaning of the Equal Pay Act of 1963, 29 U.S.C. § 206(d)(1) (1970)1<...

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