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ALLEN v. DIEBOLD, INC.

No. 93-3012.

33 F.3d 674 (1994)

Glenn ALLEN, et al., Plaintiffs-Appellants, v. DIEBOLD, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 6, 1994.

Attorney(s) appearing for the Case

Jeffrey H. Friedman (briefed), Lisa M. Gerlack (argued and briefed), Lillian V. Blageff (argued), Friedman, Domiano & Smith, Cleveland, OH, for Glenn Allen, et al.

Brian P. Gillan (briefed), Roger A. Weber (briefed), Frederick H. Burton, Taft, Stettinius & Hollister, Cincinnati, OH, Gust Callas (briefed), Black, McCuskey, Souers & Arbaugh, J. William Sekula (briefed), Warren W. Dettinger (briefed), Canton, OH, for Diebold, Inc.

Robert J. Gregory, Office of Gen. Counsel, Washington, DC (argued and briefed), for E.E.O.C. amicus curiae.

Before: MERRITT, Chief Judge; NORRIS, Circuit Judge; and GUY, Senior Circuit Judge.

MERRITT, Chief Judge.

In this age discrimination appeal, the theory of the plaintiffs' case is that their employer replaced two unionized Ohio manufacturing plants with two new non-union plants in Virginia and South Carolina in order to replace several hundred older Ohio workers with approximately 100 younger workers at the new plants. At the Ohio plants 80% of the workers were over 40, but 83% of the new workers at the new plants were under 40. Approximately sixty...

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