GROVE CITY COLLEGE v. BELL

Nos. 80-2383, 80-2384.

687 F.2d 684 (1982)

GROVE CITY COLLEGE, individually and on behalf of its students; Marianne Sickafuse; Kenneth J. Hockenberry; Jennifer S. Smith and Victor E. Vouga, Appellant, v. T. H. BELL, Secretary of U. S. Department of Education; Harry M. Singleton, Acting Assistant Secretary for Civil Rights, U. S. Department of Education, Appellee. GROVE CITY COLLEGE, individually and on behalf of its students; Marianne Sickafuse; Kenneth J. Hockenberry; Jennifer S. Smith and Victor E. Vouga, Appellees, v. T. H. BELL, Secretary of U. S. Department of Education; Harry M. Singleton, Acting Assistant Secretary for Civil Rights, U. S. Department of Education, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 12, 1982.


Attorney(s) appearing for the Case

David M. Lascell (argued), Nixon, Hargrave, Devans & Doyle, Rochester, N. Y., for appellant in No. 80-2383, appellee in No. 80-2384; David M. Lascell, David A. Stern, Robb M. Jones, Michael A. Hausknecht, Rochester, N. Y., of counsel.

William Bradford Reynolds, Asst. Atty. Gen., Brian K. Landsberg, Marie E. Klimesz (argued), Mark H. Gallant, of counsel, Dept. of Justice, Washington, D. C., for appellee in No. 80-2383, appellant in No. 80-2384.

Robert J. Cindrich, U. S. Atty., W. D. Pa., Pittsburgh, Pa., Myrna P. Field, Mid-Atlantic Legal Foundation, Philadelphia, Pa., for amicus curiae Rockford College.

James G. Watt, Maxwell A. Miller, Mountain States Legal Foundation, Denver, Colo., for amicus curiae.

Margaret A. Kohn, Marcia D. Greenberger, National Women's Law Center, Washington, D. C., Philip P. Frickey, Shea & Gardner, Washington, D. C., for amici curiae American Ass'n of University Women et al.

Before GARTH and BECKER, Circuit Judges, and MUIR, District Judge.


OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal involves the Department of Education's authority to enforce Title IX of the Education Amendments of 1972,1 against a college which receives no direct funds from the federal government, but whose students receive federal grants. The district court granted Grove City College's motion for summary judgment and refused to permit the termination of Basic Educational Opportunity...

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