U.S. v. JONES

Nos. 96-2290, 96-2446.

136 F.3d 342 (1998)

UNITED STATES of America; Nancy Mellette, Plaintiffs-Appellees, Shannon Richey Faulkner, individually and on behalf of all others similarly situated, Plaintiff, v. James E. JONES, Jr., Chairman, Board of Visitors of The Citadel, the Military College of South Carolina; Carroll A. Campbell, Jr., Governor of The State of South Carolina; T. Easton Marchant, Adjutant General of the State of South Carolina; Barbara S. Nielsen, Superintendent of Education of the State of South Carolina; William F. Prioleau, Jr.; William E. Jenkinson, III; Leonard C. Fulghum, Jr.; James M. Leland, Jr.; John A. McAllister, Jr.; David S. Boyd, Jr.; Julian G. Frasier, III; James W. Bradin; Larry J. Ferguson; Steven D. Peper, Members 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. Nancy MELLETTE, Plaintiff-Appellant, Shannon Richey Faulkner, individually and on behalf of all others similarly situated; United States of America, Plaintiffs, v. James E. JONES, Jr., Chairman, Board of Visitors of The Citadel, The Military College of South Carolina; Carroll A. Campbell, Jr., Governor of the State of South Carolina; T. Easton Marchant, Adjutant General of the State of South Carolina; Barbara S. Nielsen, Superintendent of Education of the State of South Carolina; William F. Prioleau, Jr.; William E. Jenkinson, III; Leonard C. Fulghum, Jr.; James M. Leland, Jr.; John A. McAllister, Jr.; David S. Boyd, Jr.; Julian G. Frasier, III; James W. Bradin; Larry J. Ferguson; Steven D. Peper, Members 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-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 11, 1998.


Attorney(s) appearing for the Case

ARGUED: Kenneth Paul Woodington, Sr. Asst. Atty. Gen., Columbia, SC, for Appellants. Valorie Kay Vojdik, New York University School Of Law, New York City; Thomas Evans Chandler, United States Department of Justice, Washington, DC, for Appellees. ON BRIEF: Charles Molony Condon, Atty Gen., Treva G. Ashworth, Deputy Atty. Gen., Reginald I. Lloyd, Asst. Atty. Gen., Columbia, SC; M. Dawes Cooke, Jr., Barnwell, Whaley, Patterson & Helms, Charleston, SC; Robert H. Hood, Hood Law Firm, Charleston, SC, for Appellants. Deval L. Patrick, Asst. Atty. Gen., Jessica Dunsay Silver, United States Department Of Justice, Washington, DC, for Appellee United States. Robert R. Black, Charleston, SC; Suzanne E. Coe, Greenville, SC; Henry Weisburg, Susan R. Schwaiger, Shearman & Sterling, New York City, for Appellee Mellette.

Before WIDENER, NIEMEYER, and HAMILTON, Circuit Judges.


August 14, 1996 Order affirmed in part and vacated in part and Orders of July 22, 1994, July 24, 1995, October 3, 1995, affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge

WIDENER and Judge HAMILTON joined.

OPINION

NIEMEYER, Circuit Judge.

This appeal adds yet another chapter to the continuing litigation over The Citadel's formerly male-only admissions policy. Following the Supreme Court's decision in United...

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