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HODGSON v. EARNEST MACHINE PRODUCTS, INC.

No. 72-1963.

479 F.2d 1133 (1973)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Appellant, v. EARNEST MACHINE PRODUCTS, INC., Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 8, 1973.

Attorney(s) appearing for the Case

Ruth Hart Stromberg, Cleveland, Ohio, Richard F. Schubert, Sol. of Labor, Aaron A. Caghan, Regional Atty., U. S. Dept. of Labor, Washington, D. C., Sylvia S. Ellison, U. S. Dept. of Labor, for appellant ; Carin Ann Clauss, Associate Sol., Helen W. Judd, U. S. Dept. of Labor, on brief.

F. Wilson Chockley, Jr., Cleveland, Ohio, for appellee ; Walter, Haverfield, Buescher & Chockley, Michael T. McMenamin, Cleveland, Ohio, on brief.

Before McCREE and KENT, Circuit Judges, and CECIL, Senior Circuit Judge.

PER CURIAM.

This is an appeal from an order dismissing the Government's complaint at the conclusion of the Government's proofs in an action for back pay, pension payments, and reinstatement. The action was brought under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq., and § 17 of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.

The undisputed evidence showed that the employee, Helen Wagner, the subject of this...

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