CRAMER v. VIRGINIA COM. UNIVERSITY

No. 76-1937.

586 F.2d 297 (1978)

Dr. James Albert CRAMER, Appellee, v. VIRGINIA COMMONWEALTH UNIVERSITY, the Board of Visitors—VCU, Warren W. Brandt, Former President, VCU, Individually and in then official capacity, Wayne C. Hall, V. P., Academic Affairs, VCU, Individually and in official capacity, Francis J. Brooke, Provost, West Campus, VCU, Individually and in official capacity, Paul D. Minton, Dean-School of Arts & Sciences, VCU, Individually and Officially, John McGrath, Chairman, Dept. of Sociology etc., VCU, Individually and Officially, Lynn Nelson, Chairman Recruitment Comm., VCU, in Official Capacity only, Appellants, and Wyndham B. Blanton, Jr., Member and Rector, Individually and in official capacity, T. Edward Temple, President, VCU, official capacity only, Defendants, Equal Employment Advisory Council, American Civil Liberties Union of Virginia, and Federation of Organizations for Professional Women, & Anti-Defamation League of B'nai B'rith, and United States of America, Committee on Academic Non-Discrimination and Integrity, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 1978.


Attorney(s) appearing for the Case

Walter H. Ryland, Asst. Atty. Gen., Richmond, Va. (Andrew P. Miller, Atty. Gen. of Va., William H. Hefty, Asst. Atty. Gen., Karen C. Kincannon, Sp. Asst. Atty. Gen., Richmond, Va., on brief), for appellants.

W. H. C. Venable, Richmond, Va. (Cohen, Abeloff & Staples, Robert P. Geary, Richmond, Va., on brief), for appellee.

Robert P. Dwoskin, Charlottesville, Va., on brief, for amicus curiae American Civil Liberties Union of Virginia.

Christine B. Hickman, Washington, D.C., and Marcia D. Greenberger, Cincinnati, Ohio, Women's Rights Project Center for Law and Social Policy on brief, for amicus curiae Federation of Organizations for Professional Women.

Arnold Forster, Jeffrey P. Sinensky, Joy Meyers, New York City, and Robert Morrill, San Francisco, Cal., on brief, for amicus curiae Anti-Defamation League of B'nai B'rith.

Ronald M. Green, Washington, D.C., Alan M. Koral, Chicago, Ill., Vedder, Price, Kaufman, Kammholz & Day, Robert E. Williams and Douglas S. McDowell, Washington, D.C., on brief, for amicus curiae Equal Employment Advisory Council.

William J. Kilberg, Sol., James D. Henry and Louis G. Ferrand, Jr., Attys. Dept. of Labor, J. Stanley Pottinger, Asst. Atty. Gen., Brian K. Landsberg, Frank D. Allen, Jr., Cynthia L. Attwood, Attys., Dept. of Justice, Washington, D.C., on brief, for amicus curiae United States.

John W. Finley, Jr., Michael Blinick, Brashich & Finley, New York City, on brief, for amicus curiae Committee on Academic Non-Discrimination and Integrity.

Before HAYNSWORTH, Chief Judge, and WINTER, BUTZNER, RUSSELL, WIDENER and HALL, Circuit Judges, sitting en banc.


PER CURIAM:

After an en banc hearing of this case involving alleged discrimination in employment on the basis of sex, we concluded to hold the case undecided pending a decision in the Supreme Court of the case of Regents of University of California v. Bakke, ___ U.S. ____, 98 S.Ct. 2733, 57 L.Ed.2d 750. The Supreme Court's decision in Bakke came down late last month, but we have concluded that there is such doubt of the presence of an actual case...

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