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MARSHALL v. WEST ESSEX GEN. HOSPITAL

No. 77-1758.

575 F.2d 1079 (1978)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Appellant, v. WEST ESSEX GENERAL HOSPITAL, Joseph Loudermilk, Chester Verdi, Joseph Lipari and Harry Wexler, Appellees.

United States Court of Appeals, Third Circuit.

Decided April 28, 1978.

Attorney(s) appearing for the Case

Carin Ann Clauss, Carl W. Gerig, Jr., Lois G. Williams, U. S. Dept. of Labor, Kerry L. Adams, Washington, D.C., Francis V. LaRuffa, New York City, for appellant.

Smith, Kramer & Morrison, David H. Posner, Newark, N.J., for appellees.

Before GIBBONS and HUNTER, Circuit Judges and WEBER, District Judge.

OPINION

JAMES HUNTER, III, Circuit Judge:

The Secretary of Labor filed a complaint seeking injunctive relief to restrain West Essex General Hospital and individual defendants from violating the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §§ 621-634. The district court dismissed the complaint on the grounds that the Secretary had failed to defer to the Division on Civil Rights of the New Jersey Department of Law and Public Safety...

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