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E.E.O.C. v. NORTH KNOX SCHOOL CORP.

No. 97-3704.

154 F.3d 744 (1998)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. NORTH KNOX SCHOOL CORPORATION and Board of School Trustees for the North Knox School Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 8, 1998.

Attorney(s) appearing for the Case

Dori K. Bernstein (argued), Robert D. Unitas, Equal Employment Opportunity Commission, Office of General Counsel, Washington, DC, Donita Montgomery, Equal Employment Opportunity Commission, Indianapolis, IN, for Plaintiff-Appellant.

William W. Drummy, John C. Wall (argued), Wilkinson, Goeller, Modesitt, Wilkinson & Drummy, Terre Haute, IN, for Defendants-Appellees.

Before MANION, KANNE, and DIANE P. WOOD, Circuit Judges.

MANION, Circuit Judge.

The EEOC sued the North Knox (Indiana) School District and its Board of School Trustees under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34 (ADEA), after North Knox refused to renew the contracts of two bus drivers aged 70 and 72. The district court concluded the bus drivers were independent contractors who are not covered by the ADEA, and so granted North Knox summary judgment. The EEOC appealed, and we affirm.

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