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E.E.O.C. v. STATE OF DEL. DHSS

Nos. 87-3727, 87-3748.

865 F.2d 1408 (1989)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant at No. 87-3727, v. STATE OF DELAWARE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, John A. Dillman, III, Director of State Personnel; Dwayne Olsen, Controller General, and Steven Golding, Budget Director. Appeal of STATE OF DELAWARE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Marcilee A. Bierlein, Director of State Personnel; Donald C. Dryden, Controller General, and Scott R. Douglass, Budget Director, Appellants at No. 87-3748.

United States Court of Appeals, Third Circuit.

Decided January 13, 1989.

Attorney(s) appearing for the Case

Charles A. Shanor, General Counsel, Gwendolyn Young Reams, Associate General Counsel, Lorraine C. Davis, Asst. General Counsel, Dianna B. Johnston, Maria Beatrice Valdez (argued), Anne B. Thomas, Attys., E.E.O.C., Washington, D.C., for E.E.O.C.

Regina M. Mullen, Susan H. Kirk-Ryan (argued), Deputy Attys. Gen., Delaware Dept. of Justice, Wilmington, Del., for State of Del. Dept. of Health and Social Services, Marcilee A. Bierlein, Director of State Personnel; Donald C. Dryden, Controller General, and Scott R. Douglass, Budget Director.

Before SEITZ, SLOVITER and HUTCHINSON, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

In this action under the Equal Pay Act, 29 U.S.C.A. § 206(d) (West 1978) (the Act), judgment was entered on a jury's verdict that appellees, the Delaware Department of Health and Social Services (DHSS) and Delaware's Director of State Personnel, had violated the Act and that their violation was willful. The district court subsequently granted appellees' motion for judgment notwithstanding the verdict and...

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