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COLEMAN v. NEW ORLEANS AND BATON ROUGE S.S.

Nos. 04-30666, 04-30700.

437 F.3d 471 (2006)

Terry C. COLEMAN, Plaintiff-Appellant, v. NEW ORLEANS AND BATON ROUGE STEAMSHIP PILOTS' ASSOCIATION, Defendant-Appellee. Terry C. Coleman, Plaintiff-Appellant, v. Crescent River Port Pilots Association, Inc., Defendant-Appellee. Terry C. Coleman, Plaintiff-Appellant, v. Board of River Port Pilots Commissioners, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 24, 2006.

Attorney(s) appearing for the Case

William Martin McGoey (argued), Evans & Associates, New Orleans, LA, for Plaintiff-Appellant.

Leslie A. Lanusse (argued), William James Kelly, III, Adams & Reese, New Orleans, LA, Arthur J. Lentini, Law Offices of Arthur J. Lentini, Metairie, LA, for New Orleans and Baton Rouge Steamship Pilots' Ass'n.

Peter J. Butler, Jr., Richard G. Passler, Ralph Thomas Rabalais, Breazeale, Sachse & Wilson, New Orleans, LA, for Crescent River Port Pilots Ass'n, Inc.

Michael R. Delesdernier, Metairie, LA, for Board of River Port Pilots Commissioners.

Before JONES, Chief Judge, and JOLLY and DeMOSS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this age discrimination case, the question is whether the Mississippi River pilot associations are "employers" of the member pilots for the purposes of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621, et seq. The question is difficult and yields no straightforward answer. The defendant associations are long-standing, peculiarly conducted institutions recognized by statute, owned and governed by their...

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