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DAVIS v. BOY SCOUTS OF AMERICA

Civ. No. 77-2226.

457 F.Supp. 665 (1978)

Joseph J. DAVIS, Plaintiff, v. BOY SCOUTS OF AMERICA, a corporation, Defendant.

United States District Court, D. New Jersey.

August 16, 1978.

Attorney(s) appearing for the Case

Young, Rose & Millspaugh, P. C. by Frederick W. Rose, Peter M. Burke, Newark, N. J., for plaintiff.

Keywell & Rosenfeld, by Thomas W. H. Barlow, Troy, Mich., Shanley & Fisher, by Louis John Dughi, Jr., Newark, N. J., for defendant.

MEMORANDUM

CLARKSON S. FISHER, District Judge.

This case presents an issue which federal courts, and to some degree state courts, have been seeing with ever increasing frequency; that is, the right of an employer to mandatorily or involuntarily retire an employee upon his or her reaching a certain age. The recent enactments of legislation in this area, both federal and state, has resulted in a substantial change from the decisional law interpreting the legislation...

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