U.S. v. COM. OF VA.

Nos. 94-1667, 94-1712.

52 F.3d 90 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. COMMONWEALTH OF VIRGINIA; George F. Allen, Governor, of the Commonwealth of Virginia; Virginia Military Institute; Joseph M. Spivey, III, President of the Virginia Military Institute Board of Visitors; John Williams Knapp, Superintendent of Virginia Military Institute; The Board of Visitors of Virginia Military Institute; VMI Foundation, Incorporated; VMI Alumni Association; The Virginia State Council of Higher Education and its Members and Officers; Thomas N. Downing; Elizabeth P. Hoisington, Brig. Gen.; Robert Q. Marston; A. Courtland Spotts, III; Daniel F. Flowers; B. Powell Harrison, Jr.; Robert H. Spilman; Samuel E. Woolwine; James W. Enochs, Jr.; William A. Hazel; Harvey S. Sadow; Douglas K. Baumgartner; Daniel D. Cameron; Glen N. Jones; John W. Roberts, Defendants-Appellees, and Gordon K. Davies, Defendant. The National Women's Law Center; American Association of University Women; American Civil Liberties Union; California Women's Law Center; Center for Women Policy Studies; Connecticut Women's Education and Legal Fund; Equal Rights Advocates; Federally Employed Women, Inc.; Feminist Majority Foundation; Human Rights Campaign Fund; Lawyer's Committee for Civil Rights Under Law; National Association for Girls & Women in Sport; National Association of Commissions for Women; National Council of Negro Women; National Education Association; National Gay and Lesbian Task Force; National Hookup of Black Women; National Organization for Women; Now Legal Defense and Education Fund; National Women's Conference Committee; National Women's Party; Northwest Women's Law Center; Trial Lawyers for Public Justice; Women Employed; Women's Law Project; Women's Legal Defense Fund; YWCA of the U.S.A.; Mary Baldwin College; Wells College; Saint Mary's College; Southern Virginia College, Amici Curiae. UNITED STATES of America, Plaintiff-Appellee, v. COMMONWEALTH OF VIRGINIA; George F. Allen, Governor, of the Commonwealth of Virginia; Virginia Military Institute; Joseph M. Spivey, III, President of the Virginia Military Institute Board of Visitors; John Williams Knapp, Superintendent of Virginia Military Institute; The Board of Visitors of Virginia Military Institute; VMI Foundation, Incorporated; VMI Alumni Association; The Virginia State Council of Higher Education and its Members and Officers; Thomas N. Downing; Elizabeth P. Hoisington, Brig. Gen.; Robert Q. Marston; A. Courtland Spotts, III; Daniel F. Flowers; B. Powell Harrison, Jr.; Robert H. Spilman; Samuel E. Woolwine; James W. Enochs, Jr.; William A. Hazel; Harvey S. Sadow; Douglas K. Baumgartner; Daniel D. Cameron; Glen N. Jones; John W. Roberts, Defendants-Appellants, and Gordon K. Davies, Defendant. The National Women's Law Center; American Association of University Women; American Civil Liberties Union; California Women's Law Center; Center for Women Policy Studies; Connecticut Women's Education and Legal Fund; Equal Rights Advocates; Federally Employed Women, Inc.; Feminist Majority Foundation; Human Rights Campaign Fund; Lawyer's Committee for Civil Rights Under Law; National Association for Girls & Women in Sport; National Association of Commissions for Women; National Council of Negro Women; National Education Association; National Gay and Lesbian Task Force; National Hookup of Black Women; National Organization for Women; Now Legal Defense and Education Fund; National Women's Conference Committee; National Women's Party; Northwest Women's Law Center; Trial Lawyers for Public Justice; Women Employed; Women's Law Project; Women's Legal Defense Fund; YWCA of the U.S.A.; Mary Baldwin College; Wells College; Saint Mary's College; Southern Virginia College, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

April 28, 1995.


CORRECTED ORDER

A member of the Court requested a poll on whether to rehear this case en banc. The poll failed to produce a majority of the court in favor of rehearing. Chief Judge Ervin and Judges Hall, Murnaghan, Wilkins, Michael and Motz voted to rehear this case en banc; Judges Russell, Widener, Niemeyer and Hamilton voted against rehearing this case en banc. Judges Wilkinson, Luttig, and Williams disqualified themselves. Judge Motz wrote a separate dissent...

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