Carlene MACK, Individually and on behalf of all other persons similarly situated; Shirley Stukes; Patricia Ramsure; Queen Esther Taylor; Thelma Barnes; Maxine McNeill; and Trina Lewis, Intervenor, Plaintiffs-Appellants,
v.
Donald RUMSFELD, Individually and in his official capacity as Secretary of Defense; Martin R. Hoffman, Individually and in his official capacity as Secretary of the United States Army; Thomas C. Reed, Individually and in his official capacity as Secretary of the United States Air Force, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued December 16, 1985.
Decided January 29, 1986.
As Amended March 5, 1986.
Attorney(s) appearing for the Case
James I. Meyerson, New York City (of counsel to Greater Upstate Law Project, Rochester, N.Y.), Phyllis Gelman, Margaret Klaw, New York City (of counsel to Greater Upstate Law Project, Rochester, N.Y. and Nat. Center on Women & Family Law, New York City), for plaintiffs-appellants.
Bruce Campbell, American Civil Liberties Union of Ohio Foundation, Columbus, Ohio, for plaintiff-appellant-intervenor Lewis.
Linda Silberman, Civil Div., Dept. of Justice, Washington, D.C. (Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., Salvatore R. Martoche, U.S. Atty. for W.D.N.Y., Buffalo, N.Y., Guy J. Sternal, Lt. Col., USAF, Craig Niederpruem, Major, JAGC, Office of The Judge Advocate Gen., Washington, D.C., John Cordes, Civil Div., Dept. of Justice, Washington, D.C., of counsel), for defendants-appellees.
Nancy Polikoff, Women's Legal Defense Fund, Washington, D.C., Carolyn A. Kubitschek, Hofstra University School of Law, Hempstead, N.Y., for amici curiae American Veterans Committee; Comparable Worth Project; Committee on Children and the Law, Ass'n of the Bar of City of N.Y.; Employment Law Center; N.A.A.C.P.; Nat'l Coalition Against Domestic Violence; Nat'l Conference of Black Lawyers; Nat'l Political Congress of Black Women; Women's Equity Action League; and Women's Legal Defense Fund.
Before TIMBERS, MESKILL and PRATT, Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM:
This is an appeal from an order of the United States District Court for the Western District of New York, Curtin, C.J., granting defendants-appellees' motion for summary judgment and dismissing plaintiffs-appellants' complaint.
The seven named appellants are single mothers with custody of children under eighteen years of age. Six of them brought this class action suit in 1976 challenging the constitutionality of Army and Air Force regulations that...
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