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MARSHALL v. WESTINGHOUSE ELEC. CORP.

No. 76-3672.

576 F.2d 588 (1978)

F. Ray MARSHALL, Secretary of Labor, U. S. Department of Labor, Plaintiff-Appellant, Cross-Appellee, v. WESTINGHOUSE ELECTRIC CORPORATION et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

July 12, 1978.

Attorney(s) appearing for the Case

Marvin Tincher, Regional Atty., Nashville, Tenn., Carin Ann Clauss, Assoc. Sol., Alfred G. Albert, Acting Sol., Jacob I. Karro, Heidi D. Miller, Attys., U. S. Dept. of Labor, Washington, D.C., for plaintiff-appellant, cross-appellee.

Ray C. Muller, Miami, Fla., Stuart Saltman, Westinghouse Electric Corp., Legal Dept., Pittsburgh, Pa., Herbert B. Mintz, Miami, Fla., for defendants-appellees, cross-appellants.

Before BROWN, Chief Judge, and THORNBERRY and CLARK, Circuit Judges.

THORNBERRY, Circuit Judge:

The Secretary of Labor sued Westinghouse Electric Corporation under 29 U.S.C. 626(b), the Age Discrimination in Employment Act, seeking injunctive relief against the defendant Westinghouse and the reinstatement of a former employee of Westinghouse, Sam Eldon. Defendants moved for summary judgment because Eldon's complaint had been filed more than two years after his termination and it failed to...

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