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NATIONSBANK CORP. v. HERMAN

No. 98-1127.

174 F.3d 424 (1999)

NATIONSBANK CORPORATION; Nationsbank, N.A.; Nationsbank of Florida, N.A., Plaintiffs-Appellees, v. Alexis M. HERMAN, Secretary of Labor, United States Department of Labor; Shirley Wilcher, Deputy Assistant Secretary for Federal Contract Compliance Programs, United States Department of Labor; Carol A. Gaudin, Regional Director of Office of Federal Contract Compliance Region IV; Jerome Geathers, District Director for Office of Federal Contract Compliance, Charlotte District Office; Alice A. Webster, District Director for Office of Federal Contract Compliance, Jacksonville District Office, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 6, 1999.

Attorney(s) appearing for the Case

ARGUED: Leslie A. Simon, United States Department of Justice, Washington, D.C., for Appellants. Richard Francis Kane, McGuire, Woods, Battle & Boothe, L.L.P., Charlotte, North Carolina, for Appellees. ON BRIEF: Bill Lann Lee, Acting Assistant Attorney General, Dennis J. Dimsey, United States Department of Justice, Washington, D.C.; Marvin Krislov, Deputy Solicitor for National Operations, James D. Henry, Associate Solicitor, Heide Dalzell-Finger, for Litigation, United States Department of Labor, Washington, D.C., for Appellants. Kevin V. Parsons, Mcguire, Woods, Battle & Boothe, L.L.P., Charlotte, North Carolina, for Appellees.

Before ERVIN, LUTTIG, and KING, Circuit Judges.

Vacated and reversed by published opinion. Judge Luttig wrote the opinion, which Judge Ervin and Judge King joined.

OPINION

LUTTIG, Circuit Judge:

NationsBank and its subsidiaries ("NationsBank") brought this suit against the Secretary of Labor and officials of the Department of Labor's Office of Federal Contract Compliance Programs (collectively "OFCCP") to challenge the constitutionality of the OFCCP's selection of certain NationsBank offices for...

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