COPELAND v. MARSHALL

No. 77-1351.

641 F.2d 880 (1980)

Dolores J. COPELAND, Individually and on behalf of the class of all others similarly situated v. F. Ray MARSHALL, Secretary of Labor et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

On Rehearing September 2, 1980.


Attorney(s) appearing for the Case

Royce C. Lamberth, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Washington, D. C., at the time the brief was filed, John A. Terry, William D. Pease, and Neil I. Levy, Asst. U. S. Attys., Washington, D. C., were on brief, for appellants.

Morton Hollander and Leonard Schaitman, Attys., Dept. of Justice, Washington, D. C., also entered appearances for appellants.

John R. Hupper, New York City, with whom John H. Pickering, J. Roger Wollenberg, Gary D. Wilson, Mary A. McReynolds, and John H. Harwood II, Washington, D. C., were on brief, for appellees.

Lloyd N. Cutler, Washington, D. C., also entered an appearance for appellees.

Lutz A. Prager, Washington, D. C., for amicus curiae, Equal Employment Opportunity Commission.

Charles R. Halpern, Washington, D. C., was on brief for amici curiae, American Civil Liberties Union, et al.

David M. Dorsen, Richard Seymour, Richard S. Kohn, Roderic V. O. Boggs, and Ann K. Macrory, Washington, D. C., were on brief for amicus curiae, Lawyers' Committee for Civil Rights Under Law.

James M. Nabrit III, Charles Stephen Ralston, Bill Lann Lee, and Eric Schnapper, New York City, were on brief for amicus curiae, NAACP Legal Defense and Educational Fund, Inc.

Bruce J. Terris, Washington, D. C., was on brief for amicus curiae, Law Office of Bruce J. Terris.

James R. Richards, Washington, D. C., was on brief for amicus curiae, Capital Legal Foundation.

Before WRIGHT, Chief Judge, and McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB, WILKEY and MIKVA, Circuit Judges.


Argued En Banc October 9, 1979.

On Rehearing En Banc September 2, 1980.

Opinion filed by Circuit Judge McGOWAN, in which Chief Judge WRIGHT and Circuit Judges SPOTTSWOOD W. ROBINSON, III, MacKINNON, ROBB and MIKVA join.

Opinion concurring filed by Circuit Judge MacKINNON, in which Circuit Judge ROBB joins.

Opinion dissenting filed by Circuit Judge WILKEY, in which Circuit Judge TAMM joins.

ON REHEARING EN BANC

McGOWAN, Circuit...

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