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E. E. O. C. v. COUNTY OF SANTA BARBARA

No. 80-5443.

666 F.2d 373 (1982)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. COUNTY OF SANTA BARBARA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 22, 1982.

Attorney(s) appearing for the Case

Warren Duplinsky, Lutz Alexander Prager, E.E.O.C., Washington, D. C., for plaintiff-appellant.

William R. Allen, Santa Barbara, Cal., for defendant-appellee.

Before TANG and BOOCHEVER, Circuit Judges, and NIELSEN, District Judge.

BOOCHEVER, Circuit Judge:

This is an appeal from the grant of summary judgment to the employer in an age discrimination case. We reverse because no evidence was presented to indicate that age is a bona fide occupational qualification (BFOQ) for the correction officers involved or that the officers were terminated in accordance with the terms of a bona fide seniority plan.

I

FACTS

The county employed Gerald Robinson and John Van Gordon as...

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