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SMITH v. VIRGINIA COMMONWEALTH UNIVERSITY

No. 94-2187.

62 F.3d 659 (1995)

Ted J. SMITH, III; Guy J. DeGenaro; Frank Belloni; George W. Rimler; Allan Rosenbaum, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. VIRGINIA COMMONWEALTH UNIVERSITY, Defendant-Appellee. American Association of University Professors, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 1995.

Rehearing Granted; Opinion Vacated October 13, 1995.

Attorney(s) appearing for the Case

ARGUED: Bradley Brent Cavedo, Shuford, Rubin & Gibney, P.C., Richmond, VA, for appellants. Guy Winston Horsley, Jr., Sr. Asst. Atty. Gen., Office of the Atty. Gen., Richmond, VA, for appellee. ON BRIEF: Robert A. Dybing, Shuford, Rubin & Gibney, P.C., Richmond, VA; Michael P. McDonald, Leonard A. Leo, Center for Individual Rights, Washington, DC, for appellants. James S. Gilmore, III, Atty. Gen. of VA, Catherine C. Hammond, Deputy Atty. Gen., Neil A.G. McPhie, Sr. Asst. Atty. Gen., Office of the Atty. Gen., Richmond, VA; David L. Ross, Sp. Asst. Atty. Gen., Jean F. Reed, Sp. Asst. Atty. Gen., Office of the Gen. Counsel, Virginia Commonwealth University, Richmond, VA, for appellee. Darrel Long Tillar, Richmond, VA; Michael A. Olivas, Gen. Counsel, Ann H. Franke, Helen D. Irvin, American Ass'n of University Professors, Washington, DC, for amicus curiae.

Before WIDENER and MICHAEL, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Rehearing En Banc Granted; Opinion Vacated October 13, 1995.

Reversed by published opinion. Senior Judge CHAPMAN wrote the opinion, in which Judge WIDENER joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

CHAPMAN, Senior Circuit Judge:

Plaintiffs-appellants are five male professors at Virginia Commonwealth University ("VCU") who filed claims under the Equal Pay Act and Title VII of the Civil Rights Act of 1964 in the Eastern District...

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