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BRENNAN v. ACE HARDWARE CORPORATION

No. 73-1498.

495 F.2d 368 (1974)

Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Appellant, v. ACE HARDWARE CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 3, 1974.

Attorney(s) appearing for the Case

Jacob I. Karro, Atty., U. S. Dept. of Labor, Washington, D. C., for appellant.

Dayton O. Rasmussen, Jr., and E. R. Freeberg, Midwest Employers Council, Inc., Omaha, Neb., for appellee.

Before MEHAFFY, Chief Judge, and GIBSON and WEBSTER, Circuit Judges.

GIBSON, Circuit Judge.

The Secretary of Labor appeals from a judgment entered for defendant Ace Hardware Corporation (hereinafter Employer) in this action instituted under Section 7(b) of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. We affirm the judgment entered for the Employer.

This appeal presents an issue of first impression before any appellate court. At issue is whether the Secretary's actions in this case complied...

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