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USERY v. TAMIAMI TRAIL TOURS, INC.

No. 72-2373.

531 F.2d 224 (1976)

W. J. USERY, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. TAMIAMI TRAIL TOURS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 5, 1976.

Attorney(s) appearing for the Case

Richard F. Schubert, Sol. of Labor, Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Sol., Daniel M. Williams, Jr., Dept. of Labor, Atlanta, Ga., Carin Ann Clauss, Donald S. Shire, Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Gregory A. Presnell, Thomas G. Garwood, Jr., Orlando, Fla., for defendant-appellee.

Robert J. Corber, Washington, D. C., for NAMBO.

Before BROWN, Chief Judge, WISDOM and AINSWORTH, Circuit Judges.

JOHN R. BROWN, Chief Judge:

We are asked to review the lower court's determination that appellee's (Tamiami) policy of refusing to consider applications of individuals between the ages of 40 and 65 for initial employment as intercity bus drivers is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of its business. Typically statutory, the words "reasonably necessary to the normal operation of its business," are not normally...

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