Mayor and City Council of Baltimore v. Mathews, s. 76-1493 and 76-1494

• Decision Date: 16 February 1978
• Docket Number: Nos. 76-1493 and 76-1494,s. 76-1493 and 76-1494
• Parties: MAYOR AND CITY COUNCIL OF BALTIMORE, a Municipal Corporation and Board of School Commissioners of Baltimore City, Appellees, v. F. David MATHEWS, Individually and as Secretary of the United States Department of Health, Education, and Welfare, Martin H. Gerry, Individually and as Acting Director, Office for Civil Rights, United States Department of Health, Education, and Welfare, United States Department of Health, Education, and Welfare, an agency of the United States of America, and Irvin N. Hackerman, Individually and as Administrative Law Judge, United States Department of Health, Education, and Welfare, Appellants, NAACP Legal Defense And Education Fund, Inc., Amicus Curiae. Marvin MANDEL, Governor of the State of Maryland, State of Maryland, Maryland State Board for Community Colleges, an agency of the State of Maryland, Maryland Council for Higher Education, an agency of the State of Maryland, Board of Trustees of Morgan State University, an agency of the State of Maryland, Board of Trustees of St. Mary's College of Maryland, an agency of the State of Maryland, Board of Trustees of the State Colleges of Maryland, an agency of the State of Maryland, the University of Maryland, an agency of the State of Maryland, Board of Trustees of the Community College of Baltimore, an agency of the Mayor and City Council of Baltimore, on behalf of itself and all other Public Junior and Community Colleges of the various political subdivisions lying within the State of Maryland, Appellees, v. UNITED STATES DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, an agency of the United States of America, F. David Mathews, Individually and in his official capacity as Secretary of the United States Department of Health, Education, and Welfare, Martin H. Gerry, Individually and in his official capacity as Acting Director of the Office for Civil Rights of the United States Department of Health, Education, and Welfare, Dewey E. Dodds, Individually and in his official capacity as Acting Deputy
• Court: U.S. Court of Appeals — Fourth Circuit

Page 1273

571 F.2d 1273

MAYOR AND CITY COUNCIL OF BALTIMORE, a Municipal Corporation

and Board of School Commissioners of Baltimore

City, Appellees, v. F. David MATHEWS, Individually and as Secretary of the

United States Department of Health, Education, and Welfare,

Martin H. Gerry, Individually and as Acting Director, Office

for Civil Rights, United States Department of Health,

Education, and Welfare, United States Department of Health,

Education, and Welfare, an agency of the United States of

America, and Irvin N. Hackerman, Individually and as

Administrative Law Judge, United States Department of

Health, Education, and Welfare, Appellants,

NAACP Legal Defense And Education Fund, Inc., Amicus Curiae.

Marvin MANDEL, Governor of the State of Maryland, State of

Maryland, Maryland State Board for Community Colleges, an

agency of the State of Maryland, Maryland Council for Higher

Education, an agency of the State of Maryland, Board of

Trustees of Morgan State University, an agency of the State

of Maryland, Board of Trustees of St. Mary's College of

Maryland, an agency of the State of Maryland, Board of

Trustees of the State Colleges of Maryland, an agency of the

State of Maryland, the University of Maryland, an agency of

the State of Maryland, Board of Trustees of the Community

College of Baltimore, an agency of the Mayor and City

Council of Baltimore, on behalf of itself and all other

Public Junior and Community Colleges of the various

political subdivisions lying within the State of Maryland, Appellees, v. UNITED STATES DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE,

an agency of the United States of America, F. David Mathews,

Individually and in his official capacity as Secretary of

the United States Department of Health, Education, and

Welfare, Martin H. Gerry, Individually and in his official

capacity as Acting Director of the Office for Civil Rights

of the United States Department of Health, Education, and

Welfare, Dewey E. Dodds, Individually and in his official

capacity as Acting Deputy Director of the Office for Civil

Rights of the United States Department of Health, Education,

and Welfare, Roy McKinney, Individually and in his official

capacity as Acting Director of the Higher Education Division

of the Office for Civil Rights of the United States

Department of Health, Education, and Welfare, Burton Taylor,

Individually, and in his official capacity as Chief of the

Program and Policy Branch of the Higher Education Division

of the Office for Civil Rights of the United States

Department of Health, Education, and Welfare, St. John

Barrett, Individually and in his official capacity as Acting

General Counsel of the United States Department of Health,

Education, and Welfare, and Ronald Gilliam, Individually and

in his official capacity as Acting Regional Civil Rights

Director for Region III of the Office for Civil Rights of

the United States Department of Health, Education, and

Welfare, Appellants,

NAACP Legal Defense and Educational Fund, Inc., Amicus Curiae,

The American Council on Education, the Association of

American Universities, the National Association of State

Univ. Land Grant Colleges, the American Association of State

Colleges and Universities and the American Association of

Community and Junior Colleges, the National Association of

Attorneys Generals, and the States of Alaska, Arizona,

Connecticut, Delaware, Florida, Idaho, Illinois, Iowa,

Kansas, Louisiana, Michigan, Mississippi, Missouri, Montana,

Nebraska, Nevada, New Hampshire, New Mexico, New York, North

Carolina, Ohio, Oregon, South Dakota, Tennessee,Texas, Utah,

Washington, West Virginia, Wisconsin, and Wyoming, and

theCommonwealths of Kentucky and Virginia, Amici Curiae,

The Commonwealth of Pennsylvania, Amicus Curiae,

Trustees of the California State University and Colleges and

Regents of the University of California, Amici Curiae.

Nos. 76-1493 and 76-1494.

United States Court of Appeals,

Fourth Circuit.

Decided Feb. 16, 1978.

Cynthia L. Attwood and Brian K. Landsberg, Attys., App. Section, Dept. of Justice, Washington, D. C. (J. Stanley Pottinger, Asst. Atty. Gen., Civ. Rights Div., and Marie E. Klimesz, Atty., Dept. of Justice, Frank K. Krueger, Jr., Atty., Office of General Counsel, Dept. of Health, Education, and Welfare, Washington, D. C., on brief), for appellants in 76-1493 and 76-1494.

E. Stephen Derby, Baltimore, Md. (David F. Tufaro, Elise Jude Mason, Asst. City Sol., and William L. Marbury, Baltimore, Md., of counsel, on brief), for appellees in 76-1493.

Francis B. Burch, Atty. Gen. of Maryland, and Walter G. Lohr, Jr., Asst. Atty. Gen., Baltimore, Md. (Henry R. Lord, Deputy Atty. Gen., and David H. Feldman, Asst. Atty. Gen., Ambrose T. Hartman, Deputy City Sol., and Blanche G. Wahl, Sp. Asst. City Sol., Baltimore, Md., on brief), for appellees in 76-1494.

Jack Greenberg, James M. Nabrit, III, and Drew S. Days, III, Attys., New York City, for the NAACP Legal Defense and Educational Fund, Inc., filed a brief urging reversal in 76-1493 and 76-1494.

Benjamin L. Brown, City Sol., and William Hughes, Chief Sol., Baltimore, Md., in 76-1493 and 76-1494.

Sheldon Elliot Steinbach, Washington, D. C., for The American Council on Education and The American Association of Community and Junior Colleges; George W. Liebmann

and Frank, Bernstein, Conaway & Goldman, Baltimore, Md., of counsel.

John Holt Myers and Williams, Myers & Quiggle, Washington, D. C., for The Association of American Universities and The American Association of State Colleges and Universities.

Gerald Roschwalb, Washington, D. C., for the National Association of State Universities and Land Grant Colleges.

Avrum Gross, Atty. Gen. of Alaska, and Richard M. Burnham, Asst. Atty. Gen., Juneau, Alaska, Bruce E. Babbitt, Atty. Gen. of Arizona, Phoenix, Ariz., Carl R. Ajello, Atty. Gen. of Connecticut, New Haven, Conn., and Bernard McGovern, Asst. Atty. Gen., Hartford, Conn., Richard R. Wier, Jr., Atty. Gen. of Delaware, Wilmington, Del., Robert L. Shevin, Atty. Gen. of Florida, Tallahassee, Fla., Wayne L. Kidwell, Atty. Gen. of Idaho, Boise, Idaho, William J. Scott, Atty. Gen. of Illinois, Springfield, Ill., Richard C. Turner, Atty. Gen. of Iowa, Des Moines, Iowa, Curt T. Schneider, Atty. Gen. of Kansas, and Donald R. Hoffman, Asst. Atty. Gen., Topeka, Kan., William J. Guste, Jr., Atty. Gen. of Louisiana, and Vanue B. Lacour, Sp. Asst. Atty. Gen., Baton Rouge, La., Frank J. Kelley, Atty. Gen. of Michigan, Lansing, Mich., A. F. Summer, Atty. Gen. of Mississippi, Jackson, Miss., John C. Danforth, Atty. Gen. of Missouri, Jefferson City, Mo., Robert L. Woodahl, Atty. Gen. of Montana, and Charles E. Erdmann, Asst. Atty. Gen., Helena, Mont., Paul L. Douglas, Atty. Gen. of Nebraska, and Harold Mosher, Asst. Atty. Gen., Lincoln, Neb., Robert List, Atty. Gen. of Nevada, and James H. Thompson, Chief Deputy Atty. Gen., Carson City, Nev., David H. Souter, Atty. Gen. of New Hampshire, Concord, N. H., Toney Anaya, Atty. Gen. of New Mexico, Santa Fe, N. M., Louis J. Lefkowitz, Atty. Gen. of New York, New York City, Rufus L. Edmisten, Atty. Gen. of North Carolina, Raleigh, N. C., William J. Brown, Atty. Gen. of Ohio, and Richard J. Dickinson, Sp. Asst. Atty. Gen., Columbus, Ohio, R. Lee Johnson, Atty. Gen. of Oregon, James W. Durham, Deputy Atty. Gen., and W. Michael...