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BROWN v. PORCHER

No. 81-1077.

660 F.2d 1001 (1981)

Mary E. BROWN, on behalf of herself and all others similarly situated; Liberia Johnson, Appellees, v. Frances E. PORCHER, in her official capacity as Claims Adjudicator of the South Carolina Employment Security Commission; H. C. Sloan, in his official capacity as Appeals Referee of the South Carolina Employment Security Commission; C. Len Harper, in his official capacity as Chairman of the South Carolina Employment Security Commission; Cecil Sandifer, in his official capacity as Vice-Chairman of the South Carolina Employment Security Commission; Frank E. Baldwin, Jr., in his official capacity as Commissioner of the South Carolina Employment Security Commission, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 6, 1981.

Rehearing and Rehearing Denied January 22, 1982.

Attorney(s) appearing for the Case

David C. Eckstrom, Asst. Atty. Gen., Columbia, S. C. (Daniel R. McLeod, Atty. Gen., C. Tolbert Goolsby, Jr., Deputy Atty. Gen.; William H. Griffin, Gen. Counsel, Columbia, S. C., on brief), for appellants.

Thomas J. Rubillo, Neighborhood Legal Assistance Program, Inc., Pawleys Island, S. C. (Armand Derfner, Jill A. Hanken, VA Poverty Law Center, Charleston, S. C., on brief), for appellees.

(Thompson, Mann & Hutson, Greenville, S. C., on brief), for amicus curiae.

Women's Rights Project and the Reproductive Freedom Project of the American Civil Liberties Union Foundation, American Civil Liberties Union of South Carolina, National Center on Women and Family Law, Inc., Women's Legal Defense Fund, amici curiae.

International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America-UAW, United Steelworkers of America, AFL-CIO, National Employment Law Project, National Center on Women and Family Law, amici curiae.

Before BUTZNER, and ERVIN, Circuit Judges, and W. EARL BRITT, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Rehearing and Rehearing En Banc Denied January 22, 1982.

BUTZNER, Circuit Judge:

Title 26 U.S.C. § 3304(a)(12) provides "no person shall be denied [unemployment] compensation under ... State law solely on the basis of pregnancy or termination of pregnancy." The principal issue in this appeal is whether this statute prohibits the South Carolina Employment Security Commission from denying women, who are available and able to work, unemployment compensation...

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