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MOTELES v. UNIVERSITY OF PENNSYLVANIA

No. 83-1319.

730 F.2d 913 (1984)

Sandra MOTELES, Appellee, v. UNIVERSITY OF PENNSYLVANIA and Local 506, United Plant Guard Workers of America, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 15, 1984.

Opinion Amended April 25, 1984.

Rehearing and Rehearing Denied April 25, 1984.

Attorney(s) appearing for the Case

Kathryn H. Levering (argued), James A. Matthews, III, Drinker, Biddle & Reath, Philadelphia, Pa., for appellant The Trustees of the University of Pennsylvania.

Alice W. Ballard (argued), Anna M. Durbin, Samuel & Ballard, P.C., Philadelphia, Pa., for appellee Sandra Moteles.

Neal Goldstein (argued), Freedman & Lorry, Philadelphia, Pa., for appellant Local 506, United Plant Guard Workers of America.

Before HUNTER and WEIS, Circuit Judges, and DUMBAULD, District Judge.

Rehearing and Rehearing En Banc Denied April 25, 1984.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this Title VII case, the district court preliminarily enjoined the involuntary transfer of a female campus security officer to a less desirable shift. The court reasoned that the plaintiff had more seniority than a number of male officers and ruled that the employer's defense of a bona fide occupational qualification was irrelevant. We vacate the preliminary...

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