PELL, Circuit Judge.
The plaintiff alleged that he was discharged from employment in violation of the Age Discrimination in Employment Act (ADEA), as amended, 29 U.S.C. § 621. The defendant-employer's answer admitted that he was removed from its payroll, but raised the defense that this action was in observance of a bona fide employee benefit plan which was not a subterfuge to evade the purposes of the ADEA. After submission of supporting affidavits, the district...
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