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FAULKNER v. THE CITADEL

No. 95-2472.

61 F.3d 278 (1995)

Shannon Richey FAULKNER, individually and on behalf of all others similarly situated, Plaintiff-Appellee, and The United States of America, Plaintiff-Intervenor, v. THE CITADEL, the Military College of South Carolina, Defendants-Appellants, and James E. Jones, Jr., et al., the State of South Carolina, and the Board of Visitors of The Citadel, the Military College of South Carolina, Defendants.

United States Court of Appeals, Fourth Circuit.

August 9, 1995.

ORDER

The Citadel's emergency motion for stay pending appeal is denied. Entered by direction of Judge Hall, with the concurrence of Judge Niemeyer. Judge Hamilton would grant the motion for the reasons separately stated in the attached dissenting opinion.

HAMILTON, Circuit Judge, dissenting:

In the face of Faulkner's refusal to submit complete information for a routine medical evaluation, and her apparent inability to meet the physical requirements...

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