BROWN v. TRUSTEES OF BOSTON UNIVERSITY

No. 88-1288.

891 F.2d 337 (1989)

Julia Prewitt BROWN, Plaintiff, Appellee, v. TRUSTEES OF BOSTON UNIVERSITY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

As Amended December 1, 1989.

Order on Denial of Rehearing January 24, 1990.


Attorney(s) appearing for the Case

Stanley R. Strauss with whom Charles I. Cohen, Gregory W. Homer, Vedder, Price, Kaufman, Kammholz & Day, Michael B. Rosen, Sandra S. McQuay and Goodwin, Proctor & Hoar were on brief for appellant.

John A. Beach, Thomas G. Eron and Bond, Schoeneck & King on brief for Syracuse University, Amicus Curiae.

Sheldon Elliot Steinbach, General Counsel, Woodley B. Osborne and Hanna, Gaspar, Osborne & Birkel on brief for American Council on Education, Amicus Curiae.

Robert E. Sullivan, John T. Harding, Jr., Jeffrey F. Jones and Palmer & Dodge on brief for Massachusetts Institute of Technology, President and Trustees of Williams College, Boston College, Tufts University, Suffolk University and Adelphi College, Amici Curiae.

Dahlia C. Rudavsky with whom Ellen J. Messing and Shilepsky, Messing & Rudavsky were on brief for appellee.

Beatrice Valdez with whom Charles A. Shanor, Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, and Lorraine C. Davis, Asst. Gen. Counsel, were on brief for Equal Employment Opportunity Commission, Amicus Curiae.

Mary W. Gray, American University, Ann H. Franke, Counsel, American Association of University Professors, and William Van Alstyne, Duke University School of Law, on brief for the American Association of University Professors, Amicus Curiae.

Before CAMPBELL, Chief Judge, BREYER and TORRUELLA, Circuit Judges.


LEVIN H. CAMPBELL, Chief Judge.

Julia Prewitt Brown, an assistant professor of English at Boston University sued in the Massachusetts Superior Court after she was denied tenure by defendants, the Trustees of Boston University ("University"). The University removed the case to the District Court for the District of Massachusetts. Alleging that she had been refused tenure because of her sex, Professor Brown contended that denying her tenure for that reason violated...

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