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  5. 955 F.2d 936 (1992)
 

E.E.O.C. v. CLAY PRINTING CO.

No. 91-2576.

955 F.2d 936 (1992)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. CLAY PRINTING COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 5, 1992.

As Amended March 2, 1992.

Attorney(s) appearing for the Case

Robert John Gregory, E.E.O.C., Washington, D.C., argued (Donald R. Livingston, Acting Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, Lorraine C. Davis, Asst. Gen. Counsel, on brief), for plaintiff-appellant.

John Robbins Wester, Robinson, Bradshaw & Hinson, P.A., Charlotte, N.C., argued (Mark W. Merritt, John B. Orgain, IV, on brief), for defendant-appellee.

Before RUSSELL and HAMILTON, Circuit Judges, and RESTANI, Judge, United States Court of International Trade, sitting by designation.

OPINION

HAMILTON, Circuit Judge:

This is a civil enforcement action brought by the EEOC ("EEOC or Commission") under the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S. § 621, et seq. On May 18, 1990, the EEOC filed suit against Clay Printing Company ("Clay") for violations of the ADEA. The Commission sought individual relief on behalf of 23 claimants, five discharge claimants and 18 constructive discharge claimants. On appeal...

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