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.https://leagle.com/images/logo.png
Argued December 6, 1995.
Decided May 10, 1996.
Attorney(s) appearing for the Case
ARGUED: Charles Justin Cooper, Shaw, Pittman, Potts & Trowbridge, Washington, D.C., for Appellants. Guy Winston Horsley, Jr., Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee. ON BRIEF: Michael P. McDonald, Leonard A. Leo, Center for Individual Rights, Washington, D.C.; Bradley B. Cavedo, Robert A. Dybing, Shuford, Rubin & Gibney, P.C., Richmond, Virginia, for Appellants. James S. Gilmore, III, Attorney General of Virginia, Catherine C. Hammond, Deputy Attorney General, Neil A.G. McPhie, Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia; David L. Ross, Special Assistant Attorney General, Jean F. Reed, Special Assistant Attorney General, Office of the General Counsel, Virginia Commonwealth University, Richmond, Virginia, for Appellee. Darrel Long Tillar, Richmond, Virginia; Ann H. Franke, Helen D. Irvin, Michael A. Olivas, General Counsel, American Association of University Professors, Washington, D.C., for Amicus Curiae.
Before WILKINSON, Chief Judge, RUSSELL, WIDENER, HALL, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges, and CHAPMAN, Senior Circuit Judge, sitting en banc.
United States Court of Appeals, Fourth Circuit.
Reversed by published opinion. Senior Judge CHAPMAN wrote the opinion of the court, in which Chief Judge WILKINSON and Judges RUSSELL, WIDENER, HAMILTON and NIEMEYER joined. Chief Judge WILKINSON wrote a concurring opinion, in which Judges RUSSELL and WIDENER joined. Judge WILKINS wrote a concurring opinion, in which Judge WILLIAMS joined. Judge LUTTIG wrote a concurring opinion. Judge MICHAEL wrote a dissenting opinion, in which Judges ERVIN, HALL, MURNAGHAN, and MOTZ joined...
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