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MARSHALL v. SUN OIL CO. OF PA.

No. 77-1210 (74-C-474-B).

592 F.2d 563 (1979)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. SUN OIL COMPANY OF PENNSYLVANIA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 1, 1979.

Rehearing Denied March 9, 1979.

Attorney(s) appearing for the Case

Lois G. Williams, Atty., U. S. Dept. of Labor, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Carl W. Gerig, Jr., Acting Associate Sol., Paul D. Brenner, Atty., U. S. Dept. of Labor, Washington, D. C., and Ronald M. Gaswirth, Regional Sol., Dallas, Tex., with her on the brief), for plaintiff-appellant.

John J. Runzer, Pepper, Hamilton & Scheetz, Philadelphia, Pa. (Nancy J. Gellman, Philadelphia, Pa., with him on the brief), for defendant-appellee.

Before LEWIS, McKAY and LOGAN, Circuit Judges.

LEWIS, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Northern District of Oklahoma dismissing a complaint brought by the Secretary of Labor against defendant under the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.). Plaintiff has raised two issues in this appeal:

1. Whether the Secretary made sufficient efforts to effect voluntary compliance through informal conciliation as...

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