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DeMARCO v. HOLY CROSS HIGH SCHOOL

No. 1052, Docket 92-7914.

4 F.3d 166 (1993)

Guy DeMARCO, Plaintiff-Appellant, v. HOLY CROSS HIGH SCHOOL, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 1, 1993.

Attorney(s) appearing for the Case

Jerome J. Liebman, Rockville Centre, NY, for plaintiff-appellant.

Brian P. Neary, Huntington, NY (Faruolo, Caputi, Weintraub & Neary), for defendant-appellee.

Karen M. Moran, Washington, DC (U.S. E.E.O.C., Samuel A. Marcosson, Donald R. Livingston, Gwendolyn Young Reaves, Vincent J. Blackwood, of counsel), filed a brief amicus curiae on behalf of E.E.O.C.

Before: WALKER and McLAUGHLIN, Circuit Judges, and GRIESA, Chief District Judge.

WALKER, Circuit Judge:

This appeal raises the question of whether the Age Discrimination in Employment Act of 1967 (the "ADEA"), 29 U.S.C. §§ 621-34, applies to an action brought by a lay teacher against his parochial school employer.

BACKGROUND

Beginning in September of 1985, plaintiff-appellant Guy DeMarco was employed as a math teacher by defendant-appellee Holy Cross High School, a Catholic parochial school which has in excess of twenty...

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