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ROGERS v. EXXON RESEARCH & ENGINEERING CO.

Nos. 76-1114, 76-1115.

550 F.2d 834 (1977)

Gladys E. ROGERS and Margaret A. Rogers, as Co-Executrices of the Estate of Dilworth T. Rogers, Appellees in No. 76-1115, Cross-Appellants in No. 76-1114, v. EXXON RESEARCH AND ENGINEERING COMPANY, a Delaware Corporation, Appellant in No. 76-1115, Cross-Appellee in No. 76-1114.

United States Court of Appeals, Third Circuit.

Decided January 20, 1977.

Attorney(s) appearing for the Case

Murry D. Brochin, Lowenstein, Sandler, Brochin, Kohl & Fisher, Newark, N. J., for Gladys E. Rogers and Margaret A. Rogers; Lewis J. Paper, David W. Mills, Newark, N. J., on the brief.

Thomas L. Morrissey, Carpenter, Bennett & Morrissey, Newark, N. J., for Exxon Research and Engineering Co.; Shearman & Sterling, New York City, of counsel.

Richard D. Godown, Gen. Counsel, Robert E. Williams, Washington, D. C., for National Association of Manufacturers of the United States of America, on the Brief as Amicus Curiae; Vedder, Price, Kaufman, Kammholz & Day, New York City, of counsel.

Before ADAMS and WEIS, Circuit Judges, and FOGEL, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

Although involuntary retirement after lengthy service may be a traumatic experience for an employee, statutory silence circumscribes the relief that can be obtained. We conclude that an Age Discrimination in Employment Act suit may be a proper subject for a jury trial but that there can be no monetary damages for "pain and suffering" in the nature of emotional distress. Accordingly, we vacate a district court's judgment...

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