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  5. 558 F.2d 1169 (1977)
 

USERY v. CHARLESTON CTY. SCH. DIST., ETC.

No. 76-2340.

558 F.2d 1169 (1977)

W. J. USERY, Jr., Secretary of Labor, United States Department of Labor, Appellee, v. CHARLESTON COUNTY SCHOOL DISTRICT OF CHARLESTON COUNTY, SOUTH CAROLINA, and Dr. Alton C. Crews, Superintendent of the Charleston County School District, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 25, 1977.

Attorney(s) appearing for the Case

Arvid R. Lesemann, Jr. and Augustine T. Smythe, Charleston, S. C. (Buist, Moore, Smythe & McGee, Charleston, S. C., on brief), for appellants.

Lois G. Williams, Atty., U. S. Dept. of Labor, Washington, D. C. (Bobbye D. Spears, Regional Sol., Alfred G. Albert, Acting Sol. of Labor, Carin Ann Clauss, Associate Sol., U. S. Dept. of Labor, Washington, D. C., on brief), for appellee.

Before CLARK, Supreme Court Justice, HAYNSWORTH, Chief Judge, and RUSSELL, Circuit Judge.

DONALD RUSSELL, Circuit Judge:

The Charleston County (South Carolina) School District and its superintendent appeal from the denial of their motion to dismiss1 a suit brought against them by the Secretary of Labor to enforce the provisions of the Equal Pay Act.1a The sole question presented is whether the Supreme Court's decision in National League of Cities v.

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