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BRENNAN v. ACE HARDWARE CORPORATION

No. CV72-L-199.

362 F.Supp. 1156 (1973)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff, v. ACE HARDWARE CORPORATION, Defendant.

United States District Court, D. Nebraska.

April 26, 1973.

Attorney(s) appearing for the Case

Stephen G. Reynolds and Harper Barnes, Kansas City, Mo., for plaintiff.

Thomas Y. Young, Omaha, Neb., for defendant.

MEMORANDUM OF DECISION

URBOM, Chief Judge.

This action arises under the provisions of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 623 et seq., and the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 215. The claim is that the defendant has discriminated in its hiring practices because of age. Trial to the court was had on April 19 and 20, 1973, and the matter stands ready for decision.

Issues raised are (1) whether...

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