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EVANS v. OSCAR MAYER & CO.

No. 77-1692.

580 F.2d 298 (1978)

Joseph W. EVANS, Appellee, v. OSCAR MAYER & CO., Robert M. Bolz, N. D. Ottens, Donald L. Paul, and Paul F. Gould, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 6, 1978.

Rehearing Denied July 7, 1978.

Attorney(s) appearing for the Case

James W. Gladden, Jr., of Mayer, Brown & Platt, Chicago, Ill., for appellant; Arthur J. Kowitt and William J. Reifman, Chicago, Ill., on brief.

Mark W. Bennett, of Allen, Babich & Bennett, Des Moines, Iowa, for appellee; Gordon E. Allen and Joseph Z. Marks, Des Moines, Iowa, on brief.

Before BRIGHT and HENLEY, Circuit Judges, and TALBOT SMITH, Senior District Judge.

Rehearing En Banc Denied July 7, 1978.

OPINION ON REHEARING

HENLEY, Circuit Judge.

Joseph W. Evans brought this suit against his employer, Oscar Mayer & Co., and its executives,1 charging that they had forced him into early retirement in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634 (1970). Oscar Mayer moved to dismiss the action for want of jurisdiction. The district...

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