Daniel J. PODBERESKY, Plaintiff-Appellant,
v.
William E. KIRWAN, President of the University of Maryland at College Park; University of Maryland at College Park (UMCP); Monica Green; Maudlyn George, on her own behalf and on behalf of her daughter Allison George; Eileen Heath; Richard A. Dalgetty; Gerard W. Henry; Maisha Herren; Aletha S. McRae, on her own behalf and on behalf of her daughter Daletha McRae; Charles L. Smith, III, on his own behalf and on behalf of his son Charles Smith, IV, Defendants-Appellees.
Equal Opportunity Foundation; American Council on Education; Mexican American Legal Defense and Educational Fund; William Julius Wilson, Doctor; Association for the Study of Afro-American Life and History; Lawyers' Committee for Civil Rights Under Law; United States of America, Amici Curiae. (Two Cases)
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued May 10, 1994.
Decided October 27, 1994.
As Amended on Denial of Rehearings and Suggestions for Rehearing December 30, 1994.
Attorney(s) appearing for the Case
ARGUED: Richard Abbott Samp, Washington Legal Foundation, Washington, DC, for appellant. Evelyn Omega Cannon, Asst. Atty. Gen., Baltimore, MD; Janell Maria Byrd, NAACP Legal Defense & Educational Fund, Inc., Washington, DC, for appellees. ON BRIEF: Daniel J. Popeo, Washington Legal Foundation, Washington, DC; Samuel Podberesky, Randallstown, MD, for appellant. J. Joseph Curran, Jr., Atty. Gen. of Maryland, Andrew H. Baida, Asst. Atty. Gen., Richard A. Weitzner, Asst. Atty. Gen., Baltimore, MD; Elaine R. Jones, Director-Counsel, Theodore M. Shaw, Norman J. Chachkin, NAACP Legal Defense & Educational Fund, Inc., New York City, William J. Murphy, John J. Connolly, Murphy & Shaffer, Baltimore, MD; Sally P. Paxton, Jacqueline R. Depew, Fulbright & Jaworski, L.L.P., Washington, DC, for appellees. Hugh Joseph Beard, Jr., Washington, DC, John Montgomery, Germantown, MD, for amicus curiae Equal Opportunity Foundation. David S. Tatel, Martin Michaelson, Daniel B. Kohrman, Hogan & Hartson, L.L.P., Washington, DC, Sheldon E. Steinbach, Gen. Counsel, American Council on Education, Washington, DC, for amicus curiae American Council on Educ. Elizabeth Guillen, Antonia Hernandez, Theresa Fay-Bustillos, Mexican American Legal Defense and Educational Fund, Los Angeles, CA, for amicus curiae MALDEF. James E. Coleman, Jr., John H. Cobb, Wilmer, Cutler & Pickering, Washington, DC, for amicus curiae Wilson. A. J. Cooper, Ginsburg, Feldman & Bress, Washington, DC, Amy B. Ginensky, Vernon L. Francis, Andrew S. Miller, Dechert, Price & Rhoads, Philadelphia, PA, for amicus curiae Ass'n for the Study of Afro-American Life and History. Thomas J. Henderson, Wendy Parker, Lawyers' Committee for Civil Rights Under Law, George W. Jones, Jr., Mark E. Haddad, Jeanne B. Szromba, Sidley & Austin, Washington, DC, for amicus curiae Lawyers' Committee. James P. Turner, Acting Asst. Atty. Gen., David K. Flynn, Leslie A. Simon, Marie K. McElderry, U.S. Dept. of Justice, Washington, DC, for amicus curiae U.S..
Before WIDENER, WILKINS, and HAMILTON, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
As Amended on Denial of Rehearings and Suggestions for Rehearing En Banc December 30, 1994.*
Vacated and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Judge WILKINS and Judge HAMILTON joined.
OPINION
WIDENER, Circuit Judge:
The issue in this case is whether the University of Maryland at College Park may maintain a separate merit scholarship program that it voluntarily...
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