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MORELOCK v. NCR CORP.

Nos. 75-2220, 75-2282.

546 F.2d 682 (1976)

Hubert MORELOCK et al., Plaintiffs-Appellants, v. The NCR CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 20, 1976.

Attorney(s) appearing for the Case

John B. Huber, Dayton, Ohio, for plaintiffs-appellants.

Thomas J. Harrington, Pickrel, Schaefer & Ebeling, Gordon H. Savage, Dayton, Ohio, Robert E. Signom, II, Legal Dept., NCR Corp., Dayton, Ohio, for defendant-appellee.

Before WEICK and ENGEL, Circuit Judges, and LAMBROS, District Judge.

LAMBROS, District Judge.

This is an appeal from an action instituted pursuant to the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. (1970). Essentially, the complaint charged that the NCR Corporation (NCR) did not maintain a bona fide seniority system1 at its Dayton, Ohio facilities.

On the ground that this was an equitable action, NCR moved to strike...

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