E. E. O. C. v. BALTIMORE AND OHIO R. CO.

Nos. 79-1210, 79-1211.

632 F.2d 1107 (1980)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. The BALTIMORE AND OHIO RAILROAD COMPANY and The Chesapeake and Ohio Railway Company, Appellees, Equal Employment Advisory Council, Amicus Curiae. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellee, v. The BALTIMORE AND OHIO RAILROAD COMPANY and The Chesapeake and Ohio Railway Company, Appellants, Equal Employment Advisory Council, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 23, 1980.


Attorney(s) appearing for the Case

Thomas J. Allen, U. S. Dept. of Labor, Washington, D. C. (Marshall H. Harris, Regional Sol., Philadelphia, Pa., Carin Ann Clauss, Sol. of Labor, Donald S. Shires, Associate Sol., Lois G. Williams, U. S. Dept. of Labor, Washington, D. C., on brief), for appellant/cross-appellee.

N. Thompson Powers, Washington, D. C. (Ronald S. Cooper, Morgan D. Hodgson, Steptoe & Johnson, Washington, D.C., Joseph B. Geyer, Baltimore, Md., on brief), for appellees/cross-appellants.

Robert E. Williams, Douglas S. McDowell, Monte B. Lake, McGuiness & Williams, Washington, D. C., on brief, as amicus curiae.

Before BUTZNER, HALL and SPROUSE, Circuit Judges.


SPROUSE, Circuit Judge:

This is an appeal by the Secretary of Labor,1 United States Department of Labor (Secretary), from a judgment of the district court in favor of the defendants, Baltimore and Ohio Railroad Company (B & O) and The Chesapeake and Ohio Railway Company (C & O), whose management has been consolidated since 1963 (hereinafter collectively railroad companies or companies). The Secretary brought the action contending...

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