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IN RE GEORGIA SOUTHWESTERN COLLEGE

No. 81-7275.

649 F.2d 383 (1981)

In Re GEORGIA SOUTHWESTERN COLLEGE, Scott Candler, Jr., Rufus R. Coody, Erwin A. Friedman, Charles A. Harris, Jesse Hill, Jr., Torbitt O. Ivey, Jr., Milton Jones, James D. Maddox, Eldridge W. McMillan, Charles T. Oxford, Lamar R. Plunkett, John H. Robinson, III, P. Bobby Smith, David Tisinger, Carey Williams, as Members, Board of Regents of the University System of Georgia, and the State of Georgia, Petitioners.

United States Court of Appeals, Fifth Circuit. Unit B

May 26, 1981.

Attorney(s) appearing for the Case

George P. Shingler, Asst. Atty. Gen., Atlanta, Ga., for appellants.

Murray Battles, U.S. Dept. of Labor, Birmingham, Ala., Karen MacRae Smith, E.E.O.C., Appellate Atty., Appellate Branch, Washington D.C., for appellees.

Before TJOFLAT, VANCE and THOMAS A. CLARK, Circuit Judges.

BY THE COURT:

IT IS ORDERED that the petition for writ of mandamus and/or prohibition is denied.

THOMAS A. CLARK, Circuit Judge, dissenting:

I dissent. The district court adjudicated the liability aspects of the Secretary's suit which charged the State of Georgia with violation of the Equal Pay Act1 at Georgia Southwestern College. See Marshall v. Georgia Southwestern College, 489 F.Supp. 1322<...

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