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BROWN v. LOWEN

No. 88-2876.

889 F.2d 58 (1989)

Timothy A. BROWN, Plaintiff-Appellee, v. Robert J. LOWEN, F. Elwood Kyser, International Organization of Masters, Mates and Pilots, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided November 17, 1989.

Attorney(s) appearing for the Case

W. Michel Pierson, Baltimore, Md., for defendants-appellants.

Paul Alan Levy (Arthur L. Fox, II, Alan B. Morrison, Public Citizen Litigation Group, Washington, D.C., on brief), for plaintiff-appellee.

Helen Boetticher, Counsel for Litigation (Jerry G. Thorn, Acting Sol., John F. Depenbrock, Associate Sol., Barton S. Widom, Deputy Associate Sol., Sharon E. Hanley, U.S. Dept. of Labor, Washington, D.C., on brief), for amicus curiae.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, CHAPMAN, WILKINSON, and WILKINS, Circuit Judges.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING IN BANC

PER CURIAM:

The en banc court adopts the majority panel opinion sustaining the district court's grant of an affirmative injunction in favor of the plaintiff-appellee against the defendants-appellants, as its opinion herein. Brown v. Lowen, 857 F.2d 216 (4th Cir.1989). Judge Hall, however, adheres to his dissent to the panel opinion and relies on it in...

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