Diana L. SPIRT, Plaintiff-Appellant-Cross-Appellee, and
Equal Employment Opportunity Commission, and American Association of University Professors, Plaintiffs-Intervenors-Appellees,
v.
TEACHERS INSURANCE AND ANNUITY ASSOCIATION, College Retirement Equities Fund, Long Island University, and Albert B. Lewis, Defendants-Appellees-Cross-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Submitted October 11, 1983.
Decided May 21, 1984.
Attorney(s) appearing for the Case
Kenneth D. Wallace, New York, submitted a brief, for plaintiff Spirt.
David L. Slate, Gen. Counsel, Philip B. Sklover, Associate Gen. Counsel, Vella M. Fink, Asst. Gen. Counsel, Ruth Weyand, Equal Pay Act Counsel, Washington, D.C., submitted a brief, for intervenor E.E.O.C.
Lawrence White, Ann H. Franke, Washington, D.C., John L. Pottenger, Jr., New Haven, Conn.; Ralph S. Spritzer, Philadelphia, Pa., submitted a brief, for intervenor American Ass'n of University Professors.
William R. Glendon, James W. Paul, Joseph A. Post, Rogers & Wells, New York City, submitted a brief, for defendants Teachers Ins. and Annuity Ass'n and College Retirement Equities Fund.
Donald J. Cohn, Caroline G. Harris, Webster & Sheffield, New York City, submitted a brief, for defendant Long Island University.
Jeanne Paquette Atkins and Mary W. Gray, Washington, D.C., and Mary L. Heen, New York City, submitted a brief, for amici curiae Women's Equity Action League, American Civil Liberties Union, American Ass'n of University Women, and National Federation of Business and Professional Women's Clubs, Inc.
Erwin N. Griswold, A. Jeffrey Bird, Jones, Day, Reavis & Pogue, and A. Linwood Holton, Jack H. Blaine, Edward J. Zimmerman, Washington, D.C., submitted a brief, for amici curiae American Council of Life Ins. and Health Ins. Ass'n of America.
Robert Abrams, Atty. Gen., State of N.Y., Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Brenda S. Spears and William H. Mohr, Asst. Attys. Gen., Martin Minkowitz, Deputy Supt. & Counsel, Dept. of Ins., New York City, submitted a brief, for amici curiae State of New York and James P. Corcoran, Supt. of Insurance, and Albert B. Lewis.
Before NEWMAN and PRATT, Circuit Judges, and CANNELLA, District Judge.
United States Court of Appeals, Second Circuit.
JON O. NEWMAN, Circuit Judge:
This appeal, involving the validity of gender-based mortality tables in calculating teachers' pension benefits, is before the Court upon remand from the Supreme Court "for further consideration in light of Arizona Governing Committee for Tax Deferred Annuity and Deferred Compensation Plans v. Norris,463 U.S. 1073, 103 S.Ct. 3492, 77 L.Ed.2d 1236 (1983)." Long Island University v. Spirt, 463...
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