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FOR IMMEDIATE RELEASE Fourth Circuit Agrees to Expedited HearingRichmond Argument Set for March 18, 2008Roanoke, Virginia -- On December 14, 2007, the U.S. Court of Appeals for the Fourth Circuit tentatively agreed to hear the appeal by Equity in Athletics, Inc. ("EIA") of the denial of EIA's motion for a preliminary injunction to compel James Madison University ("JMU") to reinstate ten athletic teams. On January 23, 2008, the Richmond-based appellate court scheduled the oral argument for March 18, 2008, in Richmond. The parties--EIA, JMU, and the U.S. Department of Education ("DOE")--has filed a joint motion to give JMU and DOE an extra 45 days to respond to EIA's opening brief, filed on November 13, while expediting the oral argument to ensure that the case is heard this term. "By agreeing to hear the case on an expedited basis, the court at least implicitly has recognized that the case presents significant issues," said Larry Joseph, one of EIA's attorneys. "at the other extreme, the appellate rules allow a court to decline even to have an oral argument if a case does not present significant enough issues," he added. The EIA appeal is one of four appeals that a three-judge panel will hear on March 18, starting at 9:30 a.m. Because the court controls the order and timing of the cases heard, the EIA appeal could begin at 9:30 or much later in the morning. EIA’s counsel are Lawrence J. Joseph (Washington, D.C.), Douglas G. Schneebeck (Albuquerque, New Mexico) and Thomas H. Miller (Roanoke, Virginia). Schneebeck is a graduate of James Madison University, and was the captain of JMU’s 1982 track and field squad. Men’s track is among the sports set for elimination by JMU. Media inquiries should be directed to John Licata (703-925-2021) and Doug Schneebeck (505-848-1869). More information is available at http://www.equityinathletics.org For More Information Contact: |
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