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FAVIA v. INDIANA UNIVERSITY OF PENNSYLVANIA

No. 93-3051.

7 F.3d 332 (1993)

Dawn FAVIA; Wendy Schadelmeier; Kim Dalcamo; Amy Phaelhler, on behalf of themselves and all similarly situated individuals, Appellees, v. INDIANA UNIVERSITY OF PENNSYLVANIA; Lawrence Pettit; Frank Cignetti, Appellants.

United States Court of Appeals, Third Circuit.

Decided October 13, 1993.

Attorney(s) appearing for the Case

Ernest D. Preate, Jr., Atty. Gen., Donna J. McClelland (argued), Deputy Atty. Gen., Kate L. Mershimer, Sr. Deputy Atty. Gen., and John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section, Office of Atty. Gen. of Pennsylvania, Pittsburgh, PA, for appellants.

Jon Pushinsky (argued), Edward A. Olds, Michael Louik, Berger, Kapetan, Meyers, Rosen, Louik & Raizman, P.C., Pittsburgh, PA, and Arthur H. Bryant and Anne W. Bloom, Trial Lawyers for Public Justice, P.C., Washington, DC, for appellees.

PRESENT: BECKER, HUTCHINSON and ROTH, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Appellants, Indiana University of Pennsylvania ("I.U.P" or the "University"), I.U.P. Director of Athletics Frank Cignetti, and I.U.P. President Lawrence Pettit1 appeal an order of the United States District Court for the Western District of Pennsylvania denying their motion to modify a preliminary injunction. The injunction requires them to reinstate two varsity women's sports programs...

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