BOARD OF GOVERNORS OF the UNIVERSITY OF NORTH CAROLINA; University of North Carolina, at Asheville; The North Carolina School of the Arts, Plaintiffs-Appellees,
v.
UNITED STATES DEPARTMENT OF LABOR; Elizabeth H. Dole, Secretary of Labor; United States of America, Defendants-Appellants,
Women's Legal Defense Fund; American Association of University Women; Equal Rights Advocates; Mexican-American Legal Defense and Education Fund; Mexican-American Women's National Association; National Association of Commissions for Women; National Council of La Raza; National Council of Negro Women, Incorporated; National Institute for Women of Color; National Organization for Women; Now Legal Defense and Education Fund; National Women's Law Center; National Women's Political Caucus; NC Equity; Northwest Women's Law Center; Organization of Pan Asian American Women, Incorporated; Wider Opportunities for Women; Women and Employment, Incorporated; Women Employed; Women's Law Project; YWCA of the USA; Equal Employment Advisory Council, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued June 6, 1990.
Decided October 26, 1990.
Attorney(s) appearing for the Case
Irving Gornstein, U.S. Dept. of Justice, argued, James P. Turner, Acting Asst. Atty. Gen., David K. Flynn, U.S. Dept. of Justice, Robert P. Davis, Sol., James D. Henry, Associate Sol., Joseph M. Woodward, Deputy Associate Sol., Diane A. Heim, Counsel for Litigation, U.S. Dept. of Labor, on briefs, Washington, D.C., for defendants-appellants.
Thomas J. Ziko, Sp. Deputy Atty. Gen., N.C. Dept. of Justice, Raleigh, N.C., argued, Lacy H. Thornburg, Atty. Gen., Edwin M. Speas, Jr., Sr. Deputy Atty. Gen., N.C. Dept. of Justice, Raleigh, N.C., on briefs, for plaintiffs-appellees.
Gregg H. Levy, T. Jeremy Gunn, Covington & Burling, Washington, D.C.; Claudia Withers, Donna Lenhoff, Women's Legal Defense Fund, Washington, D.C., for amici curiae The Women's Legal Defense Fund, American Ass'n of University Women, Equal Rights Advocates, Mexican-American Legal Defense and Educ. Fund, Mexican-American Women's Nat. Ass'n, Nat. Ass'n of Commissions for Women, Nat. Council of La Raza, Nat. Council of Negro Women, Inc., Nat. Institute for Women of Color, Nat. Organization for Women, NOW Legal Defense and Educ. Fund, Nat. Women's Law Center, Nat. Women's Political Caucus, NC Equity, Northwest Women's Law Center, Organization of Pan Asian American Women, Inc., Wider Opportunities for Women, Women and Employment, Inc., Women Employed, Women's Law Project, and YWCA of the U.S.
Robert E. Williams, Douglas S. McDowell, Salvador T. Perkins, McGuiness & Williams, Washington, D.C., for amicus curiae Equal Employment Advisory Council.
Before WIDENER and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.
United States Court of Appeals, Fourth Circuit.
CHAPMAN, Circuit Judge:
On this appeal, we must decide whether the Acting Secretary of Labor erred in ruling that, for the purposes of the federal contract compliance laws, the University of North Carolina system constitutes a single, unified state agency, of which the University's campuses are merely sub-agencies. This question is pertinent because it will determine whether, because of their affiliation with the University, the campuses that have not entered contracts...
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