Lieutenant Colonel Jane ABLE, Petty Officer Robert Heigle, First Lieutenant Kenneth Osborn, Sergeant Steven Spencer, Lieutenant Richard von Wohld, and Seaman Werner Zehr, Plaintiffs-Appellees,
v.
UNITED STATES of America, William S. Cohen, Secretary of Defense, in his official capacity, Rodney E. Slater, Secretary of Transportation, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued April 2, 1998.
Decided September 23, 1998.
Attorney(s) appearing for the Case
John C. Hoyle, Department of Justice, Washington, DC (Zachary W. Carter, United States Attorney, Brooklyn, NY, Frank W. Hunger, Assistant Attorney General, Anthony J. Steinmeyer, E. Roy Hawkens, Appellate Staff, Civil Division, Department of Justice, Washington, DC, Maj. Douglas Mickle, United States Army, Arlington, VA, of counsel), for Defendants-Appellants/Cross-Appellees.
Beatrice Dohrn, New York, NY (Ruth E. Harlow, Lambda Legal Defense & Education Fund, New York, NY, Matthew Coles, American Civil Liberties Union Foundation, New York, NY), for Plaintiffs-Appellees/Cross-Appellants.
Melissa Wells-Petry, Washington, DC, for Amicus Curiae Family Research Council.
C. Dixon Osburn, Michelle Benecke, Servicemembers Legal Defense Network, Charles S. Sims, Gregory McCurdy, Heather Martinez, Proskauer Rose LLP, New York, NY, for Amicus Curiae Servicemembers Legal Defense Network.
Jeffrey Swope, Kenneth W. Salinger, Palmer & Dodge LLP, Boston, MA, for Amicus Curiae American Council on Education, the American Association of Colleges of Nursing, American Association of Community Colleges, American Association of State Colleges and Universities, American College Personnel Association, Association of American Law Schools, Appalachian State University, Council of Graduate Schools, Duke University, Massachusetts Institute of Technology, National Association of State Universities and Land-Grant Colleges, National Association of Student Personnel Administrators, and NAWE: Advancing Women in Higher Education, Oregon State Board of Higher Education, Rutgers, State University of New York, Syracuse University, Trustees of Dartmouth College, Trustees of Princeton University, Trustees of Tufts University and Washington University in St. Louis.
Marjorie A. Silver, Chair, Standing Committee on Sex and Law, The Association of the Bar of the City of New York, New York, NY, Valerie J. Wald, Kristine L. Franklin, Kim Hawkins, New York, NY, for Amici Curiae Association of the Bar of the City of New York.
Before: FEINBERG, WALKER, and LEVAL, Circuit Judges.
United States Court of Appeals, Second Circuit.
JOHN M. WALKER, JR., Circuit Judge:
Defendants United States of America, William S. Cohen and Rodney E. Slater ("the government" or "the United States") appeal from the July 2, 1997 Memorandum and Order of the United States District Court for the Eastern District of New York (Eugene H. Nickerson, Senior District Judge), which found that § 571(b) of the National Defense Authorization Act for the Fiscal Year 1994 (the "Act"), codified at 10 U.S.C...
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