MANHART v. CITY OF LOS ANGELES, DEPT. OF WATER

Nos. 75-2729, 75-2807 and 75-2905.

553 F.2d 581 (1976)

Marie MANHART et al., Plaintiffs-Appellees, v. CITY OF LOS ANGELES, DEPARTMENT OF WATER AND POWER, a body corporate and politic, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended December 23, 1976.

Rehearing and Rehearing Denied April 18, 1977.

As Amended May 5, 1977.


Attorney(s) appearing for the Case

David J. Oliphant, Deputy City Atty. (argued), Los Angeles, Cal., for defendants-appellants/cross-appellees.

David J. Dohrmann (argued), Schwartz, Steinsapir & Dohrmann, Los Angeles, Cal., for plaintiffs-appellees/cross-appellants.

Michael Evan Gold and Fred Okrand, ACLU Foundation, Los Angeles, Cal., amicus curiae, for plaintiffs-appellees.

Mary-Helen Mautner, Washington, D.C. (Abner W. Sibal, Joseph T. Eddins, Jr., Beatrice Rosenberg, Charles L. Reischel, Washington, D.C., with her on brief) for E.E.O.C., amicus curiae.

Before CHAMBERS, DUNIWAY and KILKENNY, Circuit Judges.


Rehearing and Rehearing In Banc Denied April 18, 1977.

DUNIWAY, Circuit Judge:

The question presented in this case is whether a retirement plan which requires women employees to contribute from their wages 15% more than similarly situated male employees because of the longer average life expectancy of women violates the Civil Rights Act of 1964, Title VII, as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e-2. The district court...

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