FAULKNER v. JONES

No. 94-1978.

66 F.3d 661 (1995)

Shannon Richey FAULKNER; United States of America, Plaintiffs-Appellees, v. James E. JONES, Jr., Chairman, Board of Visitors of The Citadel, the Military College of South Carolina; Carroll A. Campbell, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; T. Easton Marchant, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Barbara S. Nielsen, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; William F. Prioleau, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; William E. Jenkinson, III, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Leonard C. Fulghum, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; James M. Leland, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; John A. McAllister, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; David S. Boyd, Jr., Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Julian G. Frasier, III, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; James W. Bradin, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Larry J. Ferguson, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Steve D. Peper, Member of the Board of Visitors of The Citadel, the Military College of South Carolina; Wallace I. West, Jr., Director of Admissions and Recruiting at The Citadel, the Military College of South Carolina; Claudius E. Watts, III, President of The Citadel, the Military College of South Carolina, in their official capacities; State of South Carolina; The Citadel, the Military College of South Carolina; the Board of Visitors of The Citadel, the Military College of South Carolina, Defendants-Appellants, National Women's Law Center; American Association of University Women; California Women's Law Center; Center for Advancement of Public Policy; Center for Women Policy Studies; Clearinghouse on Women's Issues; Coalition of Lavor Union Women; Connecticut Women's Education and Legal Fund; Equal Rights Advocates; Federally Employed Women, Incorporated; Feminist Majority Foundation; Human Rights Campaign Fund; Lawyer's Committee for Civil Rights Under Law; National Association of Girls & Women in Sport; National Association of Commissions for Women; National Council of Jewish Women; National Council of Negro Women, Incorporated; National Education Association; National Hook-Up of Black Women, Incorporated; National Organization for Women; Now Legal Defense and Education Fund; National Woman's Party; National Women's Conference Committee; National Women's Political Caucus; Northwest Women's Law Center; Trial Lawyers for Public Justice; Wider Opportunities for Women; Women Employed; Women's Law Project; Women's Legal Defense Fund; Carol Gilligan, Ph.D; Valerie E. Lee, Ed.D; Diane S. Pollard, Ph.D; Bernice Sandler, Ed.D; Program on Gender, Science and Law at Columbia University School of Public Health, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

August 9, 1995.


AMENDED ORDER

Appellants filed a motion for recall and stay of the June 5, 1995 mandate in this case pending their filing of a petition for writ of certiorari in the Supreme Court.

The Court denies the motion.

Entered at the direction of Judge NIEMEYER with the concurrence of Judge HALL. Judge HAMILTON would grant the motion for the reasons stated separately and therefore dissents.

HAMILTON, Circuit...

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